Section 34-26A-37 - Pre-need contract to specify ultimate disposition of cremated remains--Compliancewith contract absent different instructions at time of death--Release from liability. - South Dakota Statutes

34-26A-37. Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability. Any pre-need contract sold by, or pre-need arrangements made with, a cemetery, funeral establishment, or any other party, that includes a cremation, shall specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements. If no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority may release or dispose of the cremated remains as indicated in the pre-need agreement. Upon compliance with the terms of the pre-need agreement, the crematory authority is released from any liability concerning the disposition of the cremated remains.

Source: SL 1988, ch 283, § 37.