Legal Issues In Cremation: What You Need To Know

There is a myriad of legal issues that may arise in the disposition of a dead body, either through traditional burial or cremation. The laws vary from jurisdiction to jurisdiction. Hence, you might want to check the laws that govern cremation services in Burnsville, MN. 

Things To Consider 

• The right to possess a deceased human body for the purpose of burial 

In the majority of circumstances, the deceased's spouse or other relatives have the right to possess a dead human corpse for burial. However, this right is not unfettered, and it is subject to legal constraints on areas of public health, safety, and welfare. 

• The deceased's wishes about the disposition of their body 

The deceased has the option of choosing whether they will want to be buried traditionally or cremated, before their death. Even when surviving spouse or next of kin objects, the desired manner of the deceased must be rigorously followed. The sole exception is if the deceased's wishes cannot be carried out. 

• The request for cremation 

Since cremation is not usually the traditional option, anyone who wishes to be cremated must make the request explicitly by notifying their executor of their wishes to be cremated. 

• Liability for cremated remains 

Where a deceased has opted for cremation, his remains are protected. Any mortuary contracted to ship the remains of a cremated body will be liable for negligence if such remains are lost or misplaced. 

• Environmental restrictions 

Many people who choose to cremate their remains have them scattered at sea. This, however, cannot be done at random. It is subject to laws governing environmental protection. Also, you may require special permits if you want to have your remains scattered at a public location. 

• Transportation restrictions 

While some carriers may permit the transportation of cremated remains, some others would not. If someone has a loved one who wishes to be cremated but dies where they would not like their ashes to be scattered, they may have to make transportation arrangements beforehand. 

• Burial and Cremation Laws 

Cremation laws vary from state to state. For anyone who wishes cremation, the need to consider cremation laws that govern their local area is prime. Hence, it is usually advisable to contact an experienced estate planning attorney that can explain the process of accessing cremation services. 

Now You Know 

Every person has the legal right to choose how they are taken care of after death. These rights, however, are subject to concerns such as public health and public safety. Cremation, for example, can only take place in a licensed crematorium under set guidelines. 

Make sure you understand the content in this article before you go through with a burial or cremation. It could save you a lot of hassle. 

You can learn more about cremation services in Burnsville, MN. Talk to us at Scott County Cremation to schedule a consultation and learn about cremation services/funeral home services. Visit our office in Minnesota or call our location.