58-9-612 - Limitation of liability. - Utah Statutes

58-9-612. Limitation of liability.
(1) An authorizing agent who signs a cremation authorization form warrants thetruthfulness of the facts set forth on the form, including:
(a) the identity of the deceased whose remains are to be cremated; and
(b) the authorizing agent's authority to order the cremation.
(2) A funeral service establishment may rely upon the representations made by anauthorizing agent under Subsection (1).
(3) The authorizing agent is personally and individually liable for all damage resultingfrom a misstatement or misrepresentation made under Subsection (1).
(4) (a) A funeral service establishment may arrange for the cremation of and crematehuman remains upon receipt of a cremation authorization form signed by an authorizing agent.
(b) A funeral service establishment that arranges a cremation, cremates human remains,or releases or disposes of cremated human remains pursuant to a cremation authorization form isnot liable for an action it takes pursuant to that authorization.
(5) A funeral service establishment is not responsible or liable for any valuablesdelivered to the establishment with human remains to be cremated.
(6) A funeral service establishment may refuse to arrange for a cremation, to accepthuman remains for cremation, or to perform a cremation:
(a) if the establishment is aware of a dispute concerning the cremation of the humanremains and it has not received a court order or other suitable confirmation that the dispute hasbeen resolved;
(b) if the establishment has a reasonable basis for questioning any of the representationsmade by an authorizing agent; or
(c) for any other lawful reason.
(7) (a) If a funeral service establishment is aware of a dispute concerning the release ordisposition of cremated remains in its possession, the establishment may refuse to release theremains until:
(i) the dispute has been resolved; or
(ii) it has received a court order authorizing the release or disposition of the remains.
(b) A funeral service establishment is not liable for its refusal to release or dispose ofcremated remains in accordance with this Subsection (7).

Enacted by Chapter 353, 2008 General Session