State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_131

§ 90‑210.131.  Limitation of liability.

(a)        Any person signing a cremation authorization form asauthorizing agent shall be deemed to warrant the truthfulness of any facts setforth in the cremation authorization form, including the identity of thedeceased whose remains are sought to be cremated and that person's authority toorder such cremation.

(b)        A crematory licensee shall have authority to cremate humanremains only upon the receipt of a cremation authorization form signed by anauthorizing agent. There shall be no liability of a crematory licensee thatcremates human remains pursuant to such authorization or that releases ordisposes of the cremated remains pursuant to such authorization. A crematorylicensee and funeral establishment or licensee thereof who causes the crematorylicensee to act shall have no liability for the final disposition or manner inwhich the cremated remains are handled after the cremated remains are releasedin accordance with the directions of the authorizing agent.

(c)        A crematory licensee shall not be responsible or liable forany valuables delivered to the crematory licensee with human remains.

(d)        A crematory licensee shall not be liable for refusing toaccept a body or to perform a cremation until it receives a court order orother suitable confirmation that a dispute has been settled if:

(1)        It is aware of any dispute concerning the cremation of humanremains;

(2)        It has a reasonable basis for questioning any of therepresentations made by the authorizing agent; or

(3)        For any other lawful reason.

(e)        If a crematory licensee is aware of any dispute concerningthe release or disposition of the cremated remains, the crematory licensee mayrefuse to release the cremated remains until the dispute has been resolved orthe crematory licensee has been provided with a court order authorizing therelease or disposition of the cremated remains. A crematory licensee shall notbe liable for refusing to release or dispose of cremated remains in accordancewith this subsection. A crematory licensee may charge a reasonable storage feeif the dispute is not resolved within 30 days after it is received by thecrematory licensee. (1989 (Reg. Sess., 1990),c. 988, s. 1; 1997‑399, s. 21; 2003‑420, s. 2.)