(a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party’s authority to order the disposition.
Terms Used In Hawaii Revised Statutes 531B-8
Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 531B-2
Crematory: means a structure containing a furnace used or intended to be used for the conventional cremation of human remains. See Hawaii Revised Statutes 531B-2
Decedent: A deceased person.
Funeral establishment: means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 531B-2
Hydrolysis facility: means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation. See Hawaii Revised Statutes 531B-2
Mortuary: means a place of business devoted exclusively to furnishing funeral services and related commodities. See Hawaii Revised Statutes 531B-2
(b) A funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have the right to rely on the funeral service agreement, cremation authorization form, or any other authorization form, including the identification of the decedent, and shall have the authority to carry out the instructions of the person or persons whom the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility reasonably believes to hold the right of disposition.(c) The funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have no responsibility to verify the identity of the decedent or contact or independently investigate the existence of any person who may have a right of disposition. If there is more than one person in the same priority class pursuant to section 531B-4 and the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility has no knowledge of any objection by other members of the priority class, it may rely on and act according to the instructions of the first person in the priority class to make funeral and disposition arrangements; provided that no other person in the priority class provides written notice to the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility of that person’s objections.
