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367.97527 Preneed cremation authorization form -- Procedure in event of conflict.
(1) A person, or anyone who has legal authority to act on behalf of that person, may
authorize his or her own cremation and the final disposition of his or her cremated <br>remains, by executing, as the authorizing agent, a preneed cremation authorization <br>form. The original preneed cremation authorization form shall be retained by the <br>entity with which the arrangements are made. A copy of the preneed cremation <br>authorization form shall be provided to the person signing the preneed <br>arrangements. The person prearranging his own cremation shall have the right to <br>transfer or cancel this authorization at any time prior to death, by notifying the <br>entity with which the preneed cremation authorization form is filed by certified <br>mail.
(2) In the event that no different or inconsistent instructions are provided to the
crematory authority at the time of death, the crematory authority shall release or <br>dispose of the cremated remains as indicated in the preneed agreement.
(3) In the event that there is a conflict between the decedent' s prearrangement and the
demands of the next class of authorizing agent in the order set forth in KRS <br>367.97501(1) regarding cremation, the crematory shall not accept for cremation <br>those human remains without an order deciding the issues entered by the District <br>Court of the county of the decedent's residence or the county where the funeral <br>home or the crematory authority is located. This order may be issued by the court <br>after a petition for resolution has been initiated by any natural person listed in KRS <br>367.97501(1) or the crematory authority. Unless extraordinary circumstances exist, <br>the court shall give due deference to the desires of the deceased as expressed in the <br>prearrangement.
(4) Neither the crematory authority nor a licensed funeral director arranging a
cremation shall be held liable for the crematory authority's or the funeral director's <br>good faith reliance on representations made by the authorizing agent regarding the <br>authority or decision to cremate.
Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 171, sec. 2, effective July 14, 2000. -- Created
1994 Ky. Acts ch. 140, sec. 9, effective July 15, 1994.
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