Louisiana Revised Statutes 37:876 – A. The following persons, in the priority listed, have the right to serve as an authorizing agent for cremation:
Terms Used In Louisiana Revised Statutes 37:876
- Arrest: Taking physical custody of a person by lawful authority.
- Authorizing agent: means a person legally entitled to authorize the cremation of human remains. See Louisiana Revised Statutes 37:831
- Cremation: means the technical process, using direct flame and heat, that reduces human remains to bone fragments through heat and evaporation. See Louisiana Revised Statutes 37:831
- Crematory: means the building or portion of a building that houses the cremation retort for the reduction of bodies of deceased persons to cremated human remains. See Louisiana Revised Statutes 37:831
- Decedent: A deceased person.
- Disposition: means the shipment, interment, burial, cremation, or anatomical donation of a dead human body or parts of a dead human body. See Louisiana Revised Statutes 37:831
- Funeral: means the observances held for a dead person usually before burial or cremation. See Louisiana Revised Statutes 37:831
- Funeral director: means a person to whom a valid license has been issued by the board to perform the duties of funeral directing. See Louisiana Revised Statutes 37:831
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A. The following persons, in the priority listed, have the right to serve as an authorizing agent for cremation:
(1) Any person arranging the cremation, if the decedent has given specific directions in the form of a notarial testament or a written and notarized declaration providing for disposition of his remains by cremation.
(2) The person designated to control disposition by the decedent in the form of a notarial testament or a written and notarized declaration.
(3) The surviving spouse, if there is no pending petition for divorce filed by either spouse prior to the death of the decedent spouse.
(4) A majority of the surviving adult children of the decedent.
(5) A majority of the surviving adult grandchildren of the decedent.
(6) The surviving parents of the decedent.
(7) A majority of the surviving adult siblings of the decedent.
(8) A majority of the surviving adult persons respectively in the next degree of kindred as provided in Civil Code Articles 880 et seq.
B. Notwithstanding the provisions of Subsection A of this Section, if the coroner releases the remains of a decedent to an interested person pursuant to La. Rev. Stat. 9:1551(A)(1), such person may serve as the authorizing agent for cremation.
C. If the required authorization cannot be obtained, a final judgment of a district court shall be required.
D. Notwithstanding the provisions of Subsection A of this Section, in the case of those individuals whose disposition is the responsibility of the state or any of its instrumentalities, a public administrator, medical examiner, coroner, state-appointed guardian, or any other public official charged with arranging the disposition of the decedent may serve as the authorizing agent.
E. No person is allowed to serve as an authorizing agent when a decedent has left written instructions in a notarial testament or notarized declaration that he does not wish to be cremated.
F.(1) If the decedent died in a manner described by 10 U.S.C. § 1481(a)(1) through (8) while serving in any branch of the United States Armed Forces, the United States Reserve Forces, or National Guard, and the decedent executed a United States Department of Defense Record of Emergency Data, known as DD Form 93, or its successor form, the right to serve as an authorizing agent for cremation shall devolve upon the Person Authorized to Direct Disposition, also referred to as the PADD, as indicated on the DD Form 93 or its successor form.
(2) There is no liability for a cemetery authority, funeral establishment, funeral director, crematory authority, or the employees or agents of any of them to whom a copy of a DD Form 93 is presented, purportedly executed by the decedent for conduction of a cremation of the decedent’s remains, pursuant to the instructions of the PADD as indicated on the DD Form 93, or for relying on the representation of the PADD that the decedent died in a manner described in Paragraph (1) of this Subsection.
G.(1) In the event that the decedent has made multiple notarial testaments or notarized declarations pursuant to Subsection A of this Section, the notarial testament or notarized declaration, whichever is dated last, shall control.
(2) In the event that the decedent has made one or more notarial testaments or notarized declarations pursuant to Subsection A of this Section, and the decedent executed a DD Form 93 and died in a manner described in Subsection F of this Section, the notarial testament, declaration, or the DD Form 93, whichever is dated last, shall control the right to serve as an authorizing agent for cremation.
H. No person shall have any right to control the disposition of the remains of a decedent when a warrant or a judicial determination of probable cause for a homicide enumerated in La. Rev. Stat. 14:30, 30.1, or 31 has been issued for his arrest for the death of the decedent.
Acts 2003, No. 1243, §2; Acts 2015, No. 270, §3, eff. July 1, 2015; Acts 2016, No. 143, §2, eff. May 19, 2016; Acts 2019, No. 4, §2.