(a)

1. (1) Cremation arrangements that are made on a preneed basis, between a consumer and a funeral establishment, may specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements.
2. (2) If there are no additional or different instructions provided to the crematory authority by the authorizing agent at the time of death, then the crematory authority shall be authorized to release or dispose of the cremated remains as stated in the preneed agreement.

(b)

1. (1) The contract or other written document that memorializes the decedent’s wishes with regard to final disposition, must be executed in accordance with the provisions of the Arkansas Final Disposition Rights Act of 2009, Arkansas Code § 20-17-102.

2. (2) Those provisions:

   1. (A) Require the signature of the declarant; and
   2. (B) Must be witnessed by two (2) individuals.
3. (3) The person shall have the option of designating the crematory authority.
4. (4) A copy of this form shall be retained by the person and a copy sent to the crematory authority, if so designated.
5. (5) Any person shall have the right to transfer or cancel this authorization at any time prior to his or her death by providing written notice to all parties.

(d)

1. (1) The provision of this section shall only be applicable if the cremation authorization is executed in accordance with the Arkansas Final Disposition Rights Act of 2009, Arkansas Code § 20-17-102.
2. (2) If not, then the authorized agent of the deceased shall have the right to choose another form of final disposition at the time of the person’s death, unless such change is in conflict with Arkansas law.