2006 Louisiana Laws - RS 37:876 — Authorizing agent; notarized declarations

§876.  Authorizing agent; notarized declarations

A.  The following persons, in the priority listed, shall have the right to serve as an authorizing agent for cremation unless other specific directions have been given by the decedent in the form of a written and notarized declaration:

(1)  The surviving spouse, if no petition for divorce has been filed by either spouse prior to the death of the decedent spouse.

(2)  All of the surviving adult children of the decedent, not including grandchildren or other more remote descendants.

(3)  The surviving parents of the decedent.

(4)  All of the surviving adult siblings of the decedent.

(5)  All of the surviving adult persons respectively in the next degree of kindred as provided in Civil Code Articles 880 et seq.

B.  If the required authorization cannot be obtained, a final judgment of a district court shall be required.

C.  In the case of those individuals whose disposition is the responsibility of the state or any of its instrumentalities, a public administrator, medical examiner, coroner, state-appointed guardian, or any other public official charged with arranging the disposition of the decedent may serve as the authorizing agent.

D.  No person shall be allowed to serve as an authorizing agent when a decedent has left written instructions in a notarized declaration that he does not wish to be cremated.

E.  In the event that the decedent has made multiple notarized declarations of disposition, the last notarized declaration shall control.

Acts 2003, No. 1243, §2.