[531B-9] Authority to direct and control disposition; recovery of reasonable expenses. (a) A funeral director or manager of a funeral establishment, cemetery, mortuary, or crematory shall have complete authority to direct and control the final disposition and disposal of a decedent's remains and to proceed under this chapter to recover reasonable charges for the final disposition and disposal if:

(1) The funeral director or manager:

(A) Has no knowledge that any of the persons described in section 531B-4(a)(1) through [(a)(10)] exist;

(B) Has knowledge that the person or persons who may or do have the right of disposition cannot be found after reasonable inquiry or reasonable attempts to contact; or

(C) Has knowledge that the person or persons who may or do have the right of disposition have lost this right pursuant to section 531B-6; and

(2) The appropriate public authority fails to assume responsibility for disposition of the remains within thirty-six hours after having been given written notice of the decedent's death. Written notice may be given by hand delivery, certified mail, facsimile transmission, or electronic mail transmission.

(b) Disposal of the decedent's remains pursuant to this section shall be by any means that are not prohibited by law. [L 2013, c 17, pt of 2]

 

 

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