South Carolina Funeral Law Practice Exam

Following the death of the individual who executed the cremation authorization, who is responsible for ensuring the authorization is followed?

1. The funeral director only

2. The crematory authority alone

3. The person holding the executed form

4. The medical examiner

The correct answer is: The person holding the executed form

The individual responsible for ensuring that the cremation authorization is followed after the death of the authorizing person is the one holding the executed form. This person is often referred to as the "authorizing agent," and they carry the legal obligation to ensure that the cremation process adheres to the wishes stipulated in the authorization. This authority is typically granted in the form of a written document before the individual’s death, which specifies their desire for cremation and designates who has the authority to act on those wishes once they pass. In practice, the holder of the executed form serves an essential role in communicating those wishes to the funeral director and crematory authority, thereby facilitating the cremation process in accordance with the legal documentation. Meanwhile, other roles such as the funeral director, crematory authority, or medical examiner have specific functions but do not bear the overarching responsibility to ensure compliance with the authorizing documentation on behalf of the deceased individual.