2013 Kentucky Revised Statutes
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367.97527 Preneed cremation authorization form -- Procedure in event of
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 remains, by executing, as the authorizing agent, a preneed
cremation authorization form. The original preneed cremation authorization
form shall be retained by the entity with which the arrangements are made. A
copy of the preneed cremation authorization form shall be provided to the
person signing the preneed arrangements. The person prearranging his own
cremation shall have the right to transfer or cancel this authorization at any
time prior to death, by notifying the entity with which the preneed cremation
authorization form is filed by certified mail.
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 dispose of the cremated remains as indicated in the preneed agreement.
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 367.97501(1) regarding cremation, the crematory shall not accept for
cremation those human remains without an order deciding the issues entered
by the District Court of the county of the decedent's residence or the county
where the funeral home or the crematory authority is located. This order may
be issued by the court after a petition for resolution has been initiated by any
natural person listed in KRS 367.97501(1) or the crematory authority. Unless
extraordinary circumstances exist, the court shall give due deference to the
desires of the deceased as expressed in the prearrangement.
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 good faith reliance on representations made by the authorizing agent
regarding the authority or decision to cremate.
Effective:July 14, 2000
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.
CHAPTER 367 - CONSUMER PROTECTION
367.97527 Preneed cremation authorization form -- Procedure in event of conflict.
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