58-9-612. Limitation of liability.

349 words·~2 min read·/ut/title-58/chapter-9/58-9-612

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 upon the representations made by an authorizing agent under Subsection

(1).

(3)The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection

(1).

(a)A funeral service establishment may arrange for the cremation of and cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent.

(b)A funeral service establishment that arranges a cremation, cremates human remains, or releases or disposes of cremated human remains pursuant to a cremation authorization form is not liable for an action it takes pursuant to that authorization.

(5)A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.

(6)A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation:

(a)if the establishment is aware of a dispute concerning the cremation of the human remains and it has not received a court order or other suitable confirmation that the dispute has been resolved;

(b)if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or

(c)for any other lawful reason.

(a)If a funeral service establishment is aware of a dispute concerning the release or disposition of cremated remains in its possession, the establishment may refuse to release the remains until:

(i)the dispute has been resolved; or

(ii)it has received a court order authorizing the release or disposition of the remains.

(b)A funeral service establishment is not liable for its refusal to release or dispose of cremated remains in accordance with this Subsection

(7).

Enacted by Chapter 353 , 2008 General Session