“Cremation Authorization”
With the average cremation rate in Canada nearing 50%, or 1 out of every 2 deaths, funeral directors must ensure that the crematory is properly protected from liability and the consumer is aware of the various aspects of the cremation process.
Before cremation can take place, approval must first be granted by the Chief Medical Examiner or designate. Secondly, an Authorization to Cremate form authorizing the funeral home to cremate the deceased must be completed and signed by a person so authorized to do so.
To issue approval, the Medical Examiner must receive a copy of the death certificate containing the cause and location of death and signed by the attending physician. If there are no problems, the Medical Examiner will then issue a “Certificate of Approval”. When cremation must take place after hours or on weekends or holidays a verbal approval is generally provided once the Medical Examiner is advised of the cause and location of death along with the name of the attending physician. The “Certificate of Approval” is then forwarded to the funeral home by the next working day.
If cremation is to be performed for another funeral home, the 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 Form
The “Authorization to Cremate Form” may consist of one page or multiple pages depending on the amount of information a particular crematory feels the authorizing party should have in order that he or she fully understands what it is they are authorizing. The form may be augmented with additional printed material and/or a verbal explanation of the various aspects of cremation.
In general terms the authorization form contains the following topics and associated information:
Infectious or Contagious Diseases
Confirmation that the death of the deceased was or was not due to infectious or contagious disease. This information is needed to ensure the health and safety of crematory personnel.
Preparation of Deceased
Confirmation that embalming of the deceased will or will not be required. Embalming is not required when immediate cremation is selected.
Cremation Process
A description of the cremation process beginning with the placement of the casket/container in the cremation chamber, the temperature achieved, procedures followed during cremation, description of the cremated remains, their removal and final processing and how the identity of the deceased is verified throughout the process.
Valuable Materials
An explanation that due to the nature of the cremation process any valuable material, including gold, will either be destroyed or not recoverable.
Casket/Container
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, leakproof, rigid, covered container, if a casket is not being used.
Surgical Implants
Confirmation that the deceased did not have a heart pacemaker implanted, radiation producing implant device or any other device that could be explosive. Should such a device exist the Funeral Director would be authorized to remove it.
Human Tissue Act
Confirmation that the deceased did not execute a consent allowing his or her remains or parts thereof to be used after death for therapeutic purposes, medical education or scientific research pursuant to the Provincial Human Tissue Act of 1971 or that such consent, if executed, has been acted upon.
Indemnification
Standard indemnification clause holding the crematory, their 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 and/or other materials provided by the Funeral Director so that, he or she, has a clear understanding of the cremation process and associated procedures leading to the placement of the cremated remains in an urn/container for final disposition.
Who has the Authority to Authorize Cremation?
It is quite often asked, can I authorize my own cremation? The answer is, no. Once death has occurred your body becomes the property of your estate. The Executor or Executrix, next-of-kin or legally authorized person then has the authority to choose the type of funeral service they desire for you if not otherwise specified. This includes cremation.
If this is a source of concern take comfort in the fact that very few people change the wishes of those who take the time to record the type of funeral services they would like, such as, in a Will or Preplanning Agreement.
So who does have the legal authority to authorize cremation? In the absence of a Will it is the immediate next-of-kin.
With reference to the Human Tissue Act and Medical Examiners Act, the definition of next-of-kin in order of priority is as follows:
1. The deceased’s spouse
2. The deceased’s children
3. The deceased’ parents or guardian
4. The deceased’s brothers and sisters
*5. Other relatives
*In the absence of any of the individuals noted in the first four categories the person who would have the legal authority to authorize cremation would have to be determined.
In the case where the deceased left specific instructions such as in his or her Will, the Executor/Executrix so named in the Will would have the legal authority and obligation to carry out the directions as specified therein. The Executor/Executrix would have the ultimate legal authority even if there were surviving children or other next-of-kin. In cases like these the Funeral Director may request a copy of the first and last pages of the Will which names the individual(s) who is to act as Executor/Executrix and confirms the Will is duly executed.
Without an up to date Will or other binding document, the line of authority may not be so clear. For example, consider the death of an individual who had been separated from his wife and living with another women for many years but was never legally divorced. The question arises as to whether the estranged wife had the authority to authroize his cremation. Add to this the emotions of the surviving children and siblings and one can conclude the Funeral Director’s job of determining legal authoity is not an easy one. In cases like these the advice of a lawyer is often sought.
If cremation is your final wish or you have consented to act as Executor/Executrix for someone who has specified cremation take time to learn more about what is involved along with any legal responsibilities.
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