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S.D. Codified Laws § 34-26A-7

Delegation of authority--Crematory immunity

Source: SL 1988, ch 283, § 7; SL 2023, ch 129, § 11.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.