If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75, is not physically present to execute the form authorizing cremation, the person may delegate that authority to another. Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation. A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.

Source: SL 1988, ch 283 , § 7; SL 2023, ch 129 , § 11.