HLS 12RS-845 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 305
BY REPRESENTATIVE RITCHIE
HUMAN REMAINS: Provides relative to those serving as authorizing agents for cremation
AN ACT1
To amend and reenact R.S. 37:876(A), relative to cremation; to provide for authorized2
agents; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 37:876(A) is hereby amended and reenacted to read as follows: 5
ยง876. Authorizing agent; notarized declarations6
A. The following persons, in the priority listed, shall have the right to serve7
as an authorizing agent for cremation unless other specific directions have been8
given by the decedent in the form of a written and notarized declaration:9
(1) The surviving spouse, if no petition for divorce has been filed by either10
spouse prior to the death of the decedent spouse.11
(2) All A majority of the surviving adult children of the decedent, not12
including grandchildren or other more remote descendants.13
(3) The surviving parents of the decedent.14
(4) All A majority of the surviving adult siblings of the decedent.15
(5) All A majority of the surviving adult persons respectively in the next16
degree of kindred as provided in Civil Code Articles 880 et seq.17
* * *18 HLS 12RS-845 ORIGINAL
HB NO. 305
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ritchie HB No. 305
Abstract: In the rankings of those persons having the right to act as authorizing agents for
the cremation of a deceased person, allows a majority of, instead of all, children,
siblings and next of kin to act.
Present law provides a prioritized listing as follows of those persons having the right to serve
as an authorizing agent for the cremation of a decedent absent specific written direction of
the deceased:
(1)Surviving spouse.
(2)All surviving adult children.
(3)Surviving parents.
(4)All surviving adult siblings.
(5)All surviving adult persons in the next degree of kindred as provided by the Civil
Code.
Proposed law retains present law but instead changes from requiring all surviving adult
children, all adult siblings, and all adult next of kin to act as authorizing agents for cremation
to allowing a majority of the surviving adult children, a majority of the adult siblings, and
a majority of adult next of kin to act as authorizing agent to make the decision for cremation
of a decedent instead of requiring all members of a certain group to agree.
(Amends R.S. 37:876(A))