Section 58-9-612 - Limitation of liability(1) An authorizing agent who signs a cremation authorization form warrants the truthfulness 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 an authorizing agent under Subsection (1).(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).(4)(a) A funeral service establishment may arrange for the cremation of and cremate human 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 is not liable for an action it takes pursuant to that authorization.(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.(6) A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation: (a) if the establishment is aware of a dispute concerning the cremation of the human remains and it has not received a court order or other suitable confirmation that the dispute has been resolved;(b) if the establishment has a reasonable basis for questioning any of the representations made 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 or disposition of cremated remains in its possession, the establishment may refuse to release the remains 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 of cremated remains in accordance with this Subsection (7).Enacted by Chapter 353, 2008 General Session.