Cremation Rules and Regulations
The rules and regulations in regards to cremation vary from state to state and sometimes from county to county. The following is the rules and laws in regards to cremation in the state of Arizona. Review it to ensure you are familiar with anything that might legally impend your desire to move forward with cremation. If you should have any questions or need further guidance, please do not hesitate to call us at 623-925-1525.
Who Can Authorization Cremation?
Remember, cremation is a process that requires strict adherence to protocol and Arizona Statute and law (ARS 36-831). In order for ANY Funeral Home to move forward with any type of cremation service, recognized authorization can only be provided in the following order of succession:
1. A representative (Attorney/Executor) in accordance with the decedents will
SELF AUTHORIZATION - Self authorization for cremation is allowed in accordance with (Arizona Statute 32-1365.01) (Self Cremation directive). Please contact us for a copy or obtain below. Click here to download document.
AUTHORIZING & CONCENTING AGENTS CREMATION; DEFINITION - (Arizona Statute 32-1365.02)
GOOD FAITH - Avenidas Funeral Chapel is acting and providing services in "Good Faith" when obtaining information and obtaining authorizations for cremation. The family or person making arrangements are responsible for providing honest, factual and acurate statistical information to the counselor for services provided. This again is done in "Good Faith" by Avenidas Funeral Chapel.
CREMATION AUTHORIZATION - Avenidas Funeral Chapel reserves the right to decline any authorizations if it appears conflict of interest or failed cooperation exists between authorizing family members. Remember that the funeral home will need required signatures from known, authorizing family members for cremation or greater than 50% or as listed above.
15 DAY HOLD - The "15 day hold" is a "Arizona State Approved" period that allows those authorizing agents to be contacted, come forward so as to either contest or authorize the cremation of the deceased. This will come into effect with a $45 a day refrigeration charge, after the initial five (5) days of refrigeration at the funeral home. A court order will be required to place a hold on any cremation services beyond 15 days. Avenidas Funeral Chapel will decide whether a 15 day hold will come into effect.
SHOWS NO INTEREST - After 15 days, Arizona State Law recognizes that any family member that cannot be contacted, refuses to provide or shows no interest in consenting or contesting the authorization for cremation, has forfeited their right to either authorize or contest cremation of the deceased, and cremation will be done unless a court order is introduced. If a court order is introduced, services will be declined and the family will be asked to seek another provider.
STATE LAW & DUE DILIGENCE - Avenidas Funeral Chapel hereby inform all authorizing agents that they must exercise "Due Diligence" while searching for other authorizing agents as listed above under "Who can Authorize cremation?". Due Diligence is defined as "the care that a reasonable person exercises to avoid harm to other persons or their property". Avenidas Funeral Chapel will exercise "Due Dillegence" using all the "contact" information provided to them by the family representative. This will be done using a reasonable amount of effort in a reasonable amount of time but not to exceed 15 days.
DECLINE SERVICE - Avenidas Funeral Chapel reserves the right to "DECLINE SERVICE" to any family that is not be able to come to a decision for the disposition of the deceased after 15 days or if a "Court Order" is introduced into the arrangments. The family will then be asked to SELECT ANOTHER FUNERAL SERVICE PROVIDER. A single $675 removal and refrigeration charge will apply at that time for removal and refridgeration, as per our General Price List.
RESPONSIBILITIES of the FAMILY - AZ 36-831.13.F - A person on whom the duty prescribed in subsection "A" of this section is imposed who omits or is unwilling to perform that duty within a reasonable time or is prohibited from performing that duty under subsection "I" of this section is liable to the person performing the duty in an amount of two times the expenses the person incurred in providing for the burial or other funeral and disposition arrangements. The person who performs this duty may recover this amount in a civil action.
NOT AN ATTORNEY - The information provided above is for very basic information and is taken from the website of the Arizona State Legislature that enacted these laws. For more information contact the Arizona State Board of Funeral Directors and Embalmers, 602-542-3095 or seek guidance from an Attorney.
MEDICAL EXAMINERS RELEASE FORM - If the deceased is being released from the Maricopa County Medical Examiner's Office, You will be required to sign a "Maricopa County Medical Examiners" release form provided by the funeral home, this can be done via FAX or in person at the funeral home, matching that information on file by the Medical Examiner's office. Funeral Homes ARE NOT allowed to sign in place of the next of kin. If your loved one has been released to a funeral home without your permission or signature on the release form, you are encouraged to contact the Arizona State Board of Funeral Directors and Embalmers at 602-542-3095.
NOTE - Never, ever release any statistical information about the deceased to a funeral home unless it is your intent to use that facility.
ANY FUNERAL HOME, INDEPENDENT OR CORPORATION RESERVES THE RIGHT TO UPGRADE THEIR CREMATION AUTHORIZATION REQUIERMENTS OR RESTRICTIONS OVER ARIZONA STATE LAW REQUIERMENTS AT ANY TIME.
SELF CREMATION DIRECTIVE - ARIZONA HEALTHCARE POWER OF ATTORNEY, LIVING WILL & DIRECTON OF DISPOSITION OF A BODY AT DEATH
522 East Western Ave.