Sec. 13.75.050. Exercise of authority.
If a person fails to exercise the person’s authority to control disposition under AS 13.75.020 within 48 hours after receiving notification of the decedent’s death or within 48 hours after the decedent’s death, whichever is earlier, the person may not control the disposition of the decedent’s remains, and the right to control the disposition of […]
Sec. 13.75.060. Certain persons prohibited from control.
If a person is charged with a felonious killing in connection with a decedent’s death and if the funeral director or the cemetery knows about the charge, then the person may not control disposition, and the right to control disposition passes to the person who is next listed in priority under AS 13.75.020.
Sec. 13.75.070. Prohibition of cremation; written instructions.
A person may not authorize cremation for a decedent’s remains if a decedent has left directions in a disposition document that the decedent does not wish to be cremated.
Sec. 13.75.080. Implementation of directions.
(a) The person authorized to control the disposition shall carry out the directions of the decedent to the extent that the decedent’s estate or the person is financially able to carry out the directions. (b) Notwithstanding any other provision in AS 13.06 – AS 13.36 (Uniform Probate Code), if a person provides directions in a […]
Sec. 13.75.090. Misrepresentation; liability.
If a person represents that the person knows the identity of a decedent and, with the intent to procure the disposition of the decedent’s remains, signs a statement, other than a death certificate, that identifies the decedent, the person guarantees the identity of the decedent and is liable for any damages that result, directly or […]
Sec. 13.75.100. Liability.
(a) A disposition organization is not liable for carrying out the directions of a decedent if the disposition organization carries out the directions of a decedent or a person who establishes that the person is entitled to control the disposition. (b) This section may not be construed to reduce or eliminate the liability of a […]
Sec. 13.75.110. Disputes.
(a) A person listed in AS 13.75.020 who is involved in a dispute with one or more persons listed in AS 13.75.020 about which of the persons has the authority to control disposition may bring an action in the superior court to resolve the dispute. (b) If there is a dispute with one or more […]
Sec. 13.75.120. Exemptions.
The disposition of the remains of a member of the organized militia under AS 26.05.262, the disposition of the remains of a member of the armed forces under AS 26.10.065(a), and the disposition of the remains of a member of the United States Coast Guard under AS 26.10.065(b) are exempt from this chapter.
Sec. 13.75.190. Definitions.
In this chapter, (1) “control” means the authority to control disposition; (2) “directions” means (A) instructions for the disposition of a person’s remains; (B) the appointment of an agent to handle the disposition of a person’s remains; or (C) both (A) and (B) of this paragraph; (3) “disposition” means disposition of a decedent’s remains, including […]
Sec. 13.75.195. Short title.
This chapter may be cited as the Disposition of Human Remains Act.