State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_126

§ 90‑210.126.  Preneed cremation arrangements.

(a)        Any person, on a preneed basis, may authorize the person'sown cremation and the final disposition of the person's cremated remains byexecuting, as the authorizing agent, a cremation authorization form on apreneed basis and having the form signed by two witnesses. The person shallretain a copy of this form, and a copy shall be sent to the funeralestablishment and/or the crematory licensee. Any person shall have the right totransfer or cancel this authorization at any time prior to the person's deathby destroying the executed cremation authorization form and providing writtennotice to the party or parties that received the cremation authorization form.

(b)        Any cremation authorization form executed by an individualas the individual's own authorizing agent on a preneed basis shall contain thefollowing disclosure, which shall be completed by the authorizing agent:

/   /       I do not wish to allow any of my survivors the option ofcanceling my cremation and selecting alternative arrangements, regardless ofwhether my survivors deem such a change to be appropriate.

/   /       I wish to allow only the survivors whom I have designatedbelow the option of canceling my cremation and selecting alternativearrangements or continuing to honor my wishes for cremation and purchasingservices and merchandise if they deem such a change to be appropriate.

(c)        Except as provided in subsection (b) of this section, at thetime of the death of a person who has executed, as the authorizing agent, acremation authorization form on a preneed basis, any person in possession ofthe executed form, and any person charged with making arrangements for thedisposition of the decedent's human remains who has knowledge of the existenceof the executed form, shall use the person's best efforts to ensure that thedecedent's human remains are cremated and that the final disposition of thecremated remains is in accordance with the instructions contained on thecremation authorization form.

(d)        If a crematory licensee is in possession of a completedcremation authorization form, executed on a preneed basis, and the crematorylicensee is in possession of the designated human remains, then the crematorylicensee shall be required to cremate the human remains and dispose of thehuman remains according to the instructions contained on the cremationauthorization form. A crematory licensee that complies with the preneedcremation authorization form under these circumstances may do so without anyliability. A funeral establishment or licensee thereof that causes a crematorylicensee to act in accordance with the preneed cremation authorization formunder these circumstances may do so without any liability.

(e)        Any preneed contract sold by, or preneed arrangements madewith, a funeral establishment that includes a cremation shall specify the finaldisposition of the cremated remains, pursuant to G.S. 90‑210.130. In theevent that no different or inconsistent instructions are provided to thecrematory licensee by the authorizing agent at the time of death, the crematorylicensee shall be authorized to release or dispose of the cremated remains asindicated in the preneed agreement. Upon compliance with the terms of thepreneed agreement, the crematory licensee, and any funeral establishment orlicensee thereof who caused the crematory licensee to act in compliance withthe terms of the preneed agreement, shall be discharged from any legalobligation concerning such cremated remains.

(f)         The provisions of this section shall not apply to anycremation authorization form or preneed contract executed prior to theeffective date of this act. Any funeral establishment, however, with thewritten approval of the authorizing agent or person who executed the preneedcontract, may designate that such cremation authorization form or preneedcontract shall be subject to this act. (2003‑420, s.2.)