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Authorization to Cremate
When an individual or family chooses cremation, certain documentation must be completed. These documents protect the crematory from liability and make clear to everyone involved the various aspects of the cremation process.
Before cremation can take place approval must be granted by the chief medical examiner or coroner. A Certificate of Approval, issued by the medical examiner or coroner is usually obtained by the funeral home.
A form authorizing the funeral home or crematory to cremate the deceased must also be completed and signed, in the presence of the funeral director, by the next-of-kin or deceased's legal representative. Both the Certificate of Approval and Authorization to Cremate forms are extremely important legal documents, and funeral directors should take care to ensure that the are fully understood by the surviving family members.
If cremation is to be performed outside a community by another funeral home, the local funeral director with whom the initial arrangements are made must also complete and sign a Funeral Director's Certification Form. This form certifies that the person authorizing the cremation was fully advised of all the particulars associated with the Authorization to Cremate.
The Authorization to Cremate form may consist of one page or multiple pages, depending on the amount of information a particular crematory feels the consumer should have in order to fully comprehend the procedure being authorized. The form may be supplemented with additional printed material and a verbal explanation of the various aspects of cremation.
In general terms, however, the Authorization to Cremate form covers the following topics:
- Whether or not the death resulted from infectious or contagious disease.
- Whether or not embalming of the deceased is required.
- A description of the cremation process, beginning with the placement of the casket or container in the cremation chamber, the temperature achieved, procedures followed during cremation, description of the cremated remains, their removal and final processing.
- An explanation that, due to the nature of the cremation process, any valuable material, including gold, will either be destroyed or not recoverable.
- An explanation that the deceased is always cremated in the casket or container used or received by the crematory. Most crematories require the deceased to be cremated in a combustible, leak proof, rigid, covered container, if a casket is not being used.
- Confirmation that the deceased did not have a heart pacemaker implanted, radiation producing implant device or any other device exist, the funeral director would be authorized to remove it.
- Confirmation that the deceased did not execute a consent form following his or her remains, or parts thereof to be used after death for therapeutic purposes, medical education or scientific research, or that such consent, if executed, has been acted upon.
- Standard indemnification clause holding the crematory, its officers and employees harmless from any liability, costs, expenses, or claims by any person arising from the matters authorized.
It is important for the person authorizing the cremation to study the form or other materials that may be provided by the funeral director so that he or she fully understands the cremation process and associated procedures that lead to the placement of cremated remains in an urn or container for final disposition.
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