(A) A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a cremation authorization form. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arrangements and the crematory authority designated to perform the cremation.
(B) At the time of death of a person who had executed a cremation authorization form, the person in possession of the executed form and the person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of the executed form shall ensure that the decedent is cremated and that the final instructions contained on the authorization form are carried out. The crematory authority is required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form if the crematory authority has a completed authorization form, all permits, and certificates required by law, and the designated human remains.
(C) A preneed authorization for cremation arranged with a licensed funeral establishment and crematory authority shall specify the final disposition of the cremated remains in accordance with Section 32-8-345. If no different or inconsistent instructions are provided to the funeral establishment or the crematory authority by the agent at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated in the preneed agreement.
(D) No person may revoke a cremation authorization form subsequent to the death of the person who executed the form and the instructions for cremation and disposition of the cremated remains must be complied with unless full payment for the cremation and disposition of the remains has not been received or guaranteed.
HISTORY: 1994 Act No. 435, Section 1.
Structure South Carolina Code of Laws
Title 32 - Contracts and Agents
Chapter 8 - Cremation Authorizations And Procedures
Section 32-8-300. Short title.
Section 32-8-305. Definitions.
Section 32-8-310. Crematory; compliance with local zoning regulations.
Section 32-8-315. Execution of a cremation authorization form.
Section 32-8-320. Persons who may serve as a decedent's agent; authorize cremation.
Section 32-8-325. Prerequisites; authority; and receipt of instructions for cremation.
Section 32-8-330. Crematory to retain permanent records.
Section 32-8-335. "Alternative container".
Section 32-8-340. Conditions for cremation, time period prior to cremation.
Section 32-8-350. Crematory's liability for damages.
Section 32-8-355. Human remains; presence of pacemaker.
Section 32-8-365. Solicitation.
Section 32-8-370. Comprehensive cremation statute.
Section 32-8-375. Continuing education courses for removal and disposition of pacemakers.
Section 32-8-380. Promulgate regulations.
Section 32-8-385. Requirement for at least one trained individual in performing cremations.