Need to Know!
This page contains 2 very important pieces of information.
- The New Jersey Law pertaining to who has the (Right to Control) disposition (cremation or burial) and
- The requirements of our funeral home, pertaining to the documentation of (Right to Control)
N.J.S.A. 45:27-22 Right to Control
22. a. If a decedent, in a will as defined in N.J.S.3B:1-2, appoints a person to control the funeral and disposition of the human remains, the funeral and disposition shall be in accordance with the instructions of the person so appointed. A person so appointed shall not have to be executor of the will. The funeral and disposition may occur prior to probate of the will, in accordance with section 40 of P.L.2003, c.261 (C.3B:10-21.1). If the decedent has not left a will appointing a person to control the funeral and disposition of the remains, the right to control the funeral and disposition of the human remains shall be in the following order, unless other directions have been given by a court of competent jurisdiction:
(1) The surviving spouse of the decedent or the surviving civil union or domestic partner; except that if the decedent had a temporary or permanent restraining order issued pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) against the surviving spouse or civil union or domestic partner, or the surviving spouse or civil union or domestic partner is charged with the intentional killing of the decedent, the right to control the funeral and disposition of the remains shall be granted to the next available priority class as provided in this subsection.
(2) A majority of the surviving adult children of the decedent.
(3) The surviving parent or parents of the decedent.
(4) A majority of the brothers and sisters of the decedent.
(5) Other next of kin of the decedent according to the degree of consanguinity.
(6) If there are no known living relatives, a cemetery may rely on the written
authorization of any other person acting on behalf of the decedent.
For purposes of this subsection "domestic partner" means a domestic partner as defined
in section 3 of P.L.2003, c.246 (C.26:8A-3).
b. A cemetery may permit the disposition of human remains on the authorization of a funeral director handling arrangements for the decedent, or on the written authorization of a person who claims to be, and is believed to be, a person who has the right to control the disposition. The cemetery shall not be liable for disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the disposition.
c. A cemetery shall not bury human remains of more than one person in a grave unless:
(1) directions have been given for the burials in accordance with this section on
behalf of all persons so buried; or
(2) the rights to be buried in the grave were sold by the cemetery with explicit provision allowing separate sales of rights to burial
(2) A majority of the surviving adult children of the decedent.
(3) The surviving parent or parents of the decedent.
(4) A majority of the brothers and sisters of the decedent.
(5) Other next of kin of the decedent according to the degree of consanguinity.
(6) If there are no known living relatives, a cemetery may rely on the written
authorization of any other person acting on behalf of the decedent.
For purposes of this subsection "domestic partner" means a domestic partner as defined
in section 3 of P.L.2003, c.246 (C.26:8A-3).
b. A cemetery may permit the disposition of human remains on the authorization of a funeral director handling arrangements for the decedent, or on the written authorization of a person who claims to be, and is believed to be, a person who has the right to control the disposition. The cemetery shall not be liable for disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the disposition.
c. A cemetery shall not bury human remains of more than one person in a grave unless:
(1) directions have been given for the burials in accordance with this section on
behalf of all persons so buried; or
(2) the rights to be buried in the grave were sold by the cemetery with explicit provision allowing separate sales of rights to burial
at different depths in the grave.
d. A person who signs an authorization for the funeral and disposition of human remains warrants the truth of the facts stated, the identity of the person whose remains are disposed and the authority to order the disposition. The person shall be liable for damages caused by a false statement or breach of warranty. A cemetery or funeral director shall not be liable for disposition in accordance with the authorization unless it had reasonable notice that the representations were untrue or that the person lacked the right to control the disposition.
d. A person who signs an authorization for the funeral and disposition of human remains warrants the truth of the facts stated, the identity of the person whose remains are disposed and the authority to order the disposition. The person shall be liable for damages caused by a false statement or breach of warranty. A cemetery or funeral director shall not be liable for disposition in accordance with the authorization unless it had reasonable notice that the representations were untrue or that the person lacked the right to control the disposition.
e. An action against a cemetery company relating to the disposition of human remains left in its temporary custody may not be brought more than one year from the date of delivery of the remains to the cemetery company unless otherwise provided by a written contract.
L.2003, c.261, s.22; amended 2005, c.324, s.1; 2005, c.331, s.29; 2009, c.290.
L.2003, c.261, s.22; amended 2005, c.324, s.1; 2005, c.331, s.29; 2009, c.290.
Because in most instances we will not meet face to face; we have established various safeguards in order to protect both the deceased person, as well as the person who has the right to determine the deceased persons final arrangements. Therefore, in order for us to proceed, we will require the following forms to be executed and submitted, prior to the cremation process.
We require the following to be fully executed prior to cremation. Read the Consent forms carefully! False, misleading and truthfully absent statements can be financially costly to survivors! If you are unsure of your ability to act as an Authorized Person, ask us, and we will guide you through the process; but DO NOT deliberately exclude information, like surviving spouses/domestic partners, children, siblings, etc.
The documents below, will be emailed to you with the information you supply entered in the appropriate place.
- Funeral Home - Consent for Services
- Funeral Home - Cremation Authorization Addendum
- Funeral Home - Statement of Goods and Services
- Crematory - Cremation Authorization
- Photo Identification for person Authorizing cremation
- Credit Card Payment form (Payment must be made at time of service.)
We will accept emailed, or faxed documents for timely service; HOWEVER, the original documents that you have signed, must be sent to us, by US Mail, UPS or Fed-ex.
PROOF OF AUTHORIZING AGENT:
- If we do not meet in person, and arrangements are made via email, mail and telephone; the person granting authorization, will be required to submit proof of identity. This may be a copy of a drivers license, passport, or DMV non-driver identification card. Identification must have photo of authorizing agent.
- In the event the authorizing agent does not have photo identification, you will need to execute an affidavit; notarized in the presence of a Notary that the authorizing agent is known by.
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