Effective 5/8/2018 58-9-601. Advance directions. (1) A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person’s disposition, including: (a) designating a funeral service establishment; (b) providing directions for burial arrangements; (c) […]
Effective 5/10/2016 58-9-602. Determination of control of disposition. The right and duty to control the disposition of a deceased person, which may include cremation as well as the location, manner and conditions of the disposition, and arrangements for funeral goods and services to be provided, vests in the following degrees of relationship in the order […]
58-9-603. Loss of right of disposition. (1) As used in this section, “estranged” means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard for the decedent. (2) A person who has a right […]
58-9-604. Control by funeral service director. A funeral service director may control the disposition of the decedent and recover reasonable charges if: (1) (a) the funeral service director has actual knowledge that none of the persons described in Section 58-9-602 exist; or (b) after reasonable efforts the funeral service director is not able to contact […]
58-9-605. Disputes. (1) Notwithstanding Sections 58-9-601 through 58-9-604, the probate court for the county in which the decedent resided may: (a) award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition; and (b) make decisions regarding the decedent’s remains […]
Effective 5/8/2018 58-9-606. Right to rely — Immunity. (1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, or other authorization for a decedent’s disposition warrants the truthfulness of the facts set forth in the document, including the identity of the decedent and the person’s authority to order the disposition. […]
Effective 5/12/2020 58-9-607. Authorization to cremate — Penalties for removal of items from human remains. (1) Except as otherwise provided in this section and Section 58-9-619, a funeral service establishment may not cremate human remains until it has received: (a) a cremation authorization form signed by an authorizing agent; (b) a completed and executed burial […]
58-9-608. Recordkeeping. (1) (a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for cremation a receipt signed by a representative of the establishment and the person making the delivery, showing: (i) the date and time of the delivery; (ii) the type of casket or alternative container delivered; […]
58-9-609. Cremation containers. (1) (a) Except as provided in Subsection (2), a funeral service establishment may not make or enforce a rule requiring that human remains be: (i) placed in a casket before cremation; or (ii) cremated in a casket. (b) A funeral service establishment may not refuse to accept human remains for cremation because […]
58-9-610. Cremation procedures. (1) A funeral service establishment may not cremate human remains until the funeral service establishment: (a) completes and files a death certificate with the office of vital statistics and the county health department as indicated on the regular medical certificate of death or the coroner’s certificate; and (b) complies with the provisions […]
Effective 5/8/2018 58-9-611. Disposition of cremated remains. (1) (a) An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final disposition of the cremated remains, if known. (b) The funeral services establishment shall retain a copy of the statement. (2) (a) The authorizing agent is responsible […]
58-9-612. Limitation of liability. (1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including: (a) the identity of the deceased whose remains are to be cremated; and (b) the authorizing agent’s authority to order the cremation. (2) A funeral service establishment may rely […]
Effective 5/8/2018 58-9-613. Authorization for alkaline hydrolysis — Penalties for removal of items from human remains. (1) Except as otherwise provided in this section, a funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment has received: (a) an alkaline hydrolysis authorization form signed by an authorizing agent; (b) […]
Effective 5/8/2018 58-9-614. Recordkeeping. (1) (a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the establishment and the person making the delivery, showing: (i) the date and time of the delivery; (ii) the type of casket or […]
Effective 5/8/2018 58-9-615. Accepting remains for alkaline hydrolysis. (1) A funeral service establishment may not make or enforce a rule requiring that human remains be placed in a casket before alkaline hydrolysis. (2) A funeral service establishment may not refuse to accept human remains for alkaline hydrolysis because the human remains are not in a […]
Effective 5/8/2018 58-9-616. Procedure for alkaline hydrolysis. (1) A funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment: (a) completes and files a death certificate with the Office of Vital Statistics and the county health department as indicated on the regular medical certificate of death or the coroner’s […]
Effective 5/8/2018 58-9-617. Final disposition of remains from the alkaline hydrolysis process. (1) (a) An authorizing agent shall provide the person with whom alkaline hydrolysis arrangements are made with a signed statement specifying the final disposition of the remains from the alkaline hydrolysis process, if known. (b) The funeral service establishment shall retain a copy […]
Effective 5/8/2018 58-9-618. Limitation of liability. (1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants the truthfulness of the facts set forth on the form, including: (a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis process; and (b) the authorizing agent’s authority to order the alkaline hydrolysis […]
Effective 5/12/2020 58-9-619. Exception for disposition of fetal remains. (1) As used in this section, “fetal remains” means the same as that term is defined in Section 26-2-2. (2) Notwithstanding any other provision in this part, a funeral service establishment: (a) is exempt from any requirement to name the miscarried fetus or the aborted fetus: […]
