Chapter 17 - Burial Arrangements - Wyoming Statutes

CHAPTER 17 - BURIAL ARRANGEMENTS

 

2-17-101. Authority to authorize burial or cremation; immunity forfuneral directors and undertakers.

 

(a) If a decedent leaves written instructions regarding hisentombment, burial or cremation, or a document that designates and authorizesanother person to direct disposition of the decedent's body the funeraldirector or undertaker to whom the body is entrusted shall proceed with thedisposition of the body in accordance with those instructions or theinstructions given by the person designated to direct disposition of thedecedent's body. A document that designates another person to directdisposition of the decedent's body drafted pursuant to service in the militaryand in a form mandated by federal law at the time it was signed shall berecognized as valid for purposes of this section. In the event a decedent doesnot leave written instructions regarding his entombment, burial or cremation,or fails to leave a document designating another person to direct disposition ofthe decedent's body, the funeral director or undertaker to whom the body isentrusted shall obtain a signed consent before the entombment, burial orcremation proceeds.

 

(b) Any of the following persons, in order of priority asstated, may consent to the entombment, burial or cremation of the decedent,provided no written instructions or a document designating another person todirect disposition of the decedent's body were left by the decedent:

 

(i) The decedent's spouse at the time of death;

 

(ii) An adult child of the decedent;

 

(iii) Either parent of the decedent;

 

(iv) An adult sibling of the decedent;

 

(v) A grandparent of the decedent;

 

(vi) A stepchild of the decedent;

 

(vii) A guardian of the decedent in accordance with W.S.3-2-201(a)(x).

 

(c) If a funeral director or undertaker receives writtenconsent from a person specified in subsection (b) of this section, he may actin accordance with the consent, unless a person with a higher or equal priorityprovides the funeral director or undertaker a contrary written consent withinthree (3) days. If the funeral director or undertaker has been providedcontrary written consents from members of the same class with the highestpriority as to the entombment, burial or cremation of the decedent, thedirector or undertaker shall act in accordance with the directive of thegreatest number of consents received from members of the class. If that numberis equal, the director or undertaker shall act in accordance with the earlierconsent unless the person providing the later consent is granted an order fromthe district court for the county in which the funeral home or mortuary islocated. The district court shall order disposition in accordance with thelater consent only if it is shown by a preponderance of the evidence thedisposition is in accordance with the decedent's wishes.

 

(d) If the decedent is not survived by any member of theclasses listed or no member of those classes is competent to sign a consent,any person who comes forward and legitimately identifies himself as anotherlevel of relation or friend of the decedent is authorized to sign the consent.If no consent is received within seven (7) days of the decedent's death, thecoroner for the county in which the funeral home or mortuary is located isauthorized to sign the consent.

 

(e) A funeral director or undertaker acting in accordance withthis section, or attempting in good faith to act in accordance with thissection, shall be immune from civil liability.

 

(f) Nothing in this section abrogates or amends the intestatesuccession laws of W.S. 2-4-101 through 2-4-214.