If the person who has the right and duty to control the decedent‘s remains, as provided for in § 34-26-75, is not physically present to execute the form authorizing cremation, the person may delegate that authority to another.

Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation.

Terms Used In South Dakota Codified Laws 34-26A-7

  • Decedent: A deceased person.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.

Source: SL 1988, ch 283, § 7; SL 2023, ch 129, § 11.

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