S.D. Codified Laws § 34-26A-7

Current through the 2024 Legislative Session
Section 34-26A-7 - Delegation of authority-Crematory immunity

If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75, is not physically present to execute the form authorizing cremation, the person may delegate that authority to another.

Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation.

A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.

SDCL 34-26A-7

SL 1988, ch 283, § 7; SL 2023, ch 129, §11.
Amended by S.L. 2023, ch. 129,s. 11, eff. 7/1/2023.