{"data":{"id":"us-ut/utah-code-58-9-612","jurisdiction":"us-ut","citation":"Utah Code § 58-9-612","heading":"Limitation of liability.","body":"(1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including:\n(a) the identity of the deceased whose remains are to be cremated; and\n(b) the authorizing agent's authority to order the cremation.\n(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection (1).\n(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).\n(4)\n(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.\n(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.\n(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.\n(6) A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation:\n(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;\n(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or\n(c) for any other lawful reason.\n(7)\n(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:\n(i) the dispute has been resolved; or\n(ii) it has received a court order authorizing the release or disposition of the remains.\n(b) A funeral service establishment is not liable for its refusal to release or dispose of cremated remains in accordance with this Subsection (7).","path":["Title 58 Occupations and Professions","Chapter 58-9 Funeral Services Licensing Act","Part 58-9-6 Control of Disposition"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter9/58-9-S612.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"b4ecdc3389bb48254ddd44523540f54a9e68456bf7560d52ab01d3d049cbca31","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-9-611","next":"us-ut/utah-code-58-9-613"},"notice":"GroundRules: Original legal text. Not legal advice."}
