58-9-611 - Disposition of cremated remains. - Utah Statutes

58-9-611. Disposition of cremated remains.
(1) (a) An authorizing agent shall provide the person with whom cremation arrangementsare made with a signed statement specifying the final disposition of the cremated remains, ifknown.
(b) The funeral services establishment shall retain a copy of the statement.
(2) (a) The authorizing agent is responsible for the disposition of the cremated remains.
(b) If the authorizing agent or the agent's representative has not specified the ultimatedisposition of or claimed the cremated remains within 60 days from the date of the cremation, thefuneral service establishment may dispose of the remains in any manner permitted by law, exceptscattering.
(c) The authorizing agent shall reimburse the funeral services establishment for allreasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).
(d) The person or entity disposing of cremated remains under this section:
(i) shall make and keep a record of the disposition of the remains; and
(ii) is discharged from any legal obligation or liability concerning the remains once thedisposition has been made.
(e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeralservices establishment or other responsible party as of May 5, 2008, or any time after that date.
(3) (a) An authorizing agent may direct a funeral service establishment to dispose of orarrange for the disposition of cremated remains:
(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii) by scattering them over inhabited public land, the sea, or other public waterwayssubject to health and environmental laws and regulations; or
(iii) in any manner on the private property of a consenting owner.
(b) If cremated remains are to be disposed of on private property, other than dedicatedcemetery property, the authorizing agent shall provide the funeral service establishment with thewritten consent of the property owner prior to disposal of the remains.
(c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remainsmust be reduced to a particle size of one-eighth inch or less and removed from their closedcontainer.
(4) A funeral service establishment may not release cremated remains for scatteringunder this section to the authorizing agent or the agent's designated representative until thefuneral service establishment is given a receipt that shows the proper filing has been made withthe local registrar of births and deaths.

Enacted by Chapter 353, 2008 General Session