Section 61-32-19 - Cremation; requirements; right to authorize cremation; disposition of cremains. (Repealed effective July 1, 2012.)
61-32-19. Cremation; requirements; right to authorize cremation; disposition of cremains. (Repealed effective July 1, 2012.)
A. No cremation shall be performed until all necessary documentation is obtained authorizing the cremation.
B. Any adult may authorize his own cremation and the lawful disposition of his cremated remains by:
(1) stating his desire to be cremated in a written statement that is signed by the individual and notarized or witnessed by two persons; or
(2) including an express statement in his will indicating that the testator desired that his remains be cremated upon his death.
C. A personal representative acting pursuant to the Probate Code [Uniform Probate Code, 45-1-101 NMSA 1978] or an establishment or crematory shall comply with a statement made in accordance with the provisions of this section. A statement that conforms to the provisions of this section authorizes a personal representative, establishment or crematory to cremate a decedent's remains and the permission of next of kin or any other person shall not be required for such authorization. Statements dated prior to June 18, 1993 shall be given effect if they meet this section's requirements.
D. A personal representative, establishment or crematory acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.
E. No establishment, crematory or employee of an establishment or crematory or other person that relies in good faith on a statement written pursuant to this section shall be subject to liability for cremating the remains in accordance with the provisions of this section. The written authorization is a complete defense to a cause of action by any person against any other person acting in accordance with that authorization.
F. If a decedent has left no written instructions regarding the disposition of his remains, the following persons in the order listed shall determine the means of disposition, not to be limited to cremation, of the remains of the decedent:
(1) the surviving spouse;
(2) a majority of the surviving adult children of the decedent;
(3) the surviving parents of the decedent;
(4) a majority of the surviving siblings of the decedent;
(5) an adult who has exhibited special care and concern for the decedent, who is aware of the decedent's views and desires regarding the disposition of his body and who is willing and able to make a decision about the disposition of the decedent's body; or
(6) the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent.
G. A licensed establishment or crematory shall keep an accurate record of all cremations performed and the place of disposition of the cremains for a period of not less than seven years.
H. Cremains may be disposed of by any licensed establishment, crematory authority, cemetery or person having the right to control the disposition of the cremains, or that person's agent, in a lawful manner.
I. Legal forms for cremation authorization shall provide that persons giving the authorization will hold harmless an establishment from any liability for disposing of unclaimed cremains in a lawful manner after a period of one year following the return of the cremains to the establishment.