1. The operator of a crematory shall not cremate human remains until a death certificate has been signed and, except as otherwise provided in NRS 451.655, without first receiving a written authorization, on a form provided by the operator, signed by the agent or by the living person from whom the remains have been removed:

(a) Identifying the deceased person or the remains removed;

(b) Stating whether or not death occurred from a communicable or otherwise dangerous disease;

(c) Stating the name and address of the agent and the agent’s relation to the deceased person;

(d) Representing that the agent is aware of no objection to cremation of the remains by any person who has a right to control the disposition of the deceased person’s remains; and

(e) Stating the name of the person authorized to claim the cremated remains or the name of the cemetery or person to whom the remains are to be sent.

2. An authorized agent may delegate his or her authority to another person by a written and signed statement containing the agent’s name, address and relationship to the deceased person and the name and address of the person to whom the agent’s authority is delegated. The operator of a crematory incurs no liability by relying upon a signed order for cremation received by mail or upon a delegation of authority.

3. If the authorized agent is not reasonably available or is unable to act as the authorized agent, the person’s right to be the authorized agent shall pass to the next person or category of persons in the order of priority pursuant to subsection 1 of NRS 451.024.

4. It shall be presumed that an authorized person is not reasonably available to act as an authorized agent in accordance with subsection 3 if the crematory, cemetery, funeral establishment or direct crematory facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the disposition of the deceased person’s remains, within 30 days after the initial contact or attempted contact by the crematory, cemetery, funeral establishment or direct cremation facility.

5. If a person with a lower authorization priority than another person pursuant to subsection 1 of NRS 451.024 has been designated as the authorized agent to order the disposition of the deceased person’s remains and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct crematory facility and is available to perform the duties of an authorized agent pursuant to NRS 451.024 before the final disposition of the remains, the person with the higher authorization priority shall be deemed to be the authorized agent to order the disposition of the remains.

(Added to NRS by 1993, 2603; A 2015, 1969)