34-26-79. Funeral service agreement-- Disposition authorization—Reliance upon content.
Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition is deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party’s authority to order the disposition. A funeral home shall have the right to rely on the funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class who is equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements; provided that no other person in such class objects in writing to the funeral home.
Source: SL 2022, ch 113, §6.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 26 - Custody And Disposition Of Bodies And Body Parts
Section 34-26-1 - Personal right to direct disposition of body and bodily parts.
Section 34-26-2 - Autopsy authorized.
Section 34-26-3 - Dissection authorized by decedent during life.
Section 34-26-4 - Dissection authorized by spouse or next of kin.
Section 34-26-7 - Dissection authorized by legislative enactment.
Section 34-26-9 - Receipt and record of bodies received by medical school.
Section 34-26-11 - Use of unclaimed bodies by medical school--Burial of remains.
Section 34-26-12 - Autopsies at hospitals for the mentally ill.
Section 34-26-13 - Unauthorized dissection of body as misdemeanor.
Section 34-26-14 - Right to custody of dead body--Coroner's custody pending inquest.
Section 34-26-15 - Burial within reasonable time required.
Section 34-26-18 - Failure to make burial as misdemeanor--Civil liability for treble expenses.
Section 34-26-19 - Provisions applicable to parts of body.
Section 34-26-21.1 - Department of Public Safety distribution of information on organ donation.
Section 34-26-47 - Hospital protocol for identifying potential organ donors.
Section 34-26-47.1 - Discrimination in organ transplant process prohibited.
Section 34-26-48 - Short title.
Section 34-26-49 - Definitions.
Section 34-26-50 - Applicability.
Section 34-26-51 - Who may make anatomical gift before donor's death.
Section 34-26-52 - Manner of making anatomical gift before donor's death.
Section 34-26-53 - Amending or revoking anatomical gift before donor's death.
Section 34-26-54 - Refusal to make anatomical gift--Effect of refusal.
Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.
Section 34-26-56 - Who may make anatomical gift of decedent's body or part.
Section 34-26-58 - Persons who may receive anatomical gift--Purpose of anatomical gift.
Section 34-26-59 - Search and notification.
Section 34-26-60 - Delivery of document of gift not required--Right to examine.
Section 34-26-61 - Rights and duties of procurement organization and others.
Section 34-26-62 - Coordination of procurement and use.
Section 34-26-63 - Sale or purchase of parts prohibited.
Section 34-26-64 - Other prohibited acts.
Section 34-26-67 - Donor registry.
Section 34-26-68 - Effect of anatomical gift on advance health care directive.
Section 34-26-69 - Cooperation between coroner and procurement organization.
Section 34-26-71 - Uniformity of application and construction.
Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 34-26-73 - Disposition of body of deceased servicemember.
Section 34-26-74 - Contracts for disposition--Funeral--Burial.
Section 34-26-75 - Right to control--Order of precedence.
Section 34-26-76 - Forfeiture of right.
Section 34-26-77 - Affidavit--Designation by decedent.
Section 34-26-78 - Court determination against statutory precedence--Considerations.
Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.
Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.