Ohio Code 4717.21 – Executing antemortem cremation authorization form
(A) Any person, on an antemortem basis, may serve as the person’s own authorizing agent, authorize the person’s own cremation, and specify the arrangements for the final disposition of the person’s own cremated remains by executing an antemortem cremation authorization form. A guardian, custodian, or other personal representative who is authorized by law or contract to do so on behalf of a person, on an antemortem basis, may authorize the cremation of the person and specify the arrangements for the final disposition of the person’s cremated remains by executing an antemortem cremation authorization form on the person’s behalf. Any such antemortem cremation authorization form also shall be signed by one witness. The original copy of the executed authorization form shall be sent to the crematory facility being authorized to conduct the cremation, and a copy shall be retained by the person who executed the authorization form. The person who executed an antemortem cremation authorization form may revoke the authorization at any time by providing written notice of the revocation to the crematory facility named in the authorization form. The person who executed the authorization form may transfer the authorization to another crematory facility by providing written notice to the crematory facility named in the original authorization of the revocation of the authorization and, in accordance with this division, executing a new antemortem cremation authorization form authorizing another crematory facility to conduct the cremation.
Terms Used In Ohio Code 4717.21
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Cremated remains: means all human or animal remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work, or eyeglasses that were cremated with the human or animal remains. See Ohio Code 4717.01
- Cremation: includes processing and may include the pulverization of bone fragments. See Ohio Code 4717.01
- Crematory: means the building or portion of a building that houses the holding facility and the cremation chamber. See Ohio Code 4717.01
- Crematory facility: means the physical location at which a cremation chamber is located and the cremation process takes place. See Ohio Code 4717.01
- Decedent: A deceased person.
- Funeral home: means a fixed place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals. See Ohio Code 4717.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(B)(1) Each antemortem cremation authorization form shall specify the final disposition that is to be made of the cremated remains.
(2) Every antemortem cremation authorization form entered into on or after October 12, 2006, shall specify the final disposition that is to be made of the remains and shall include a provision in substantially the following form:
NOTICE: Upon the death of the person who is the subject of this antemortem cremation authorization, the person holding the right of disposition under section 2108.70 or 2108.81 of the Revised Code may cancel the cremation arrangements, modify the arrangements for the final disposition of the cremated remains, or make alternative arrangements for the final disposition of the decedent‘s body. However, the person executing this antemortem cremation authorization is encouraged to state his or her preferences as to the manner of final disposition in a declaration of the right of disposition pursuant to section 2108.72 of the Revised Code, including that the arrangements set forth in this form shall be followed.
(C)(1) Except as provided in division (C)(2) of this section, when the crematory facility is in possession of a cremation authorization form that has been executed on an antemortem basis in accordance with this section, the other conditions set forth in division (A) of section 4717.23 of the Revised Code have been met, the crematory facility has possession of the decedent to which the antemortem authorization pertains, and the crematory facility has received payment for the cremation of the decedent and the final disposition of the cremated remains of the decedent or is otherwise assured of payment for those services, the crematory facility shall cremate the decedent as directed and dispose of the cremated remains in accordance with the instructions contained in the antemortem cremation authorization form.
(2) A person with the right of disposition for a decedent under section 2108.70 or 2108.81 of the Revised Code who is not disqualified under section 2108.75 of the Revised Code may cancel the arrangements for the decedent’s cremation, modify the arrangements for the final disposition of the decedent’s cremated remains, or make alternative arrangements for the final disposition of the decedent’s body. If a person with the right takes any such action, the crematory facility shall disregard the instructions contained in the antemortem cremation authorization form and follow the instructions of the person with the right.
(D) An antemortem cremation authorization form executed under division (A) of this section does not constitute a contract for conducting the cremation of the person named in the authorization form or for the final disposition of the person’s cremated remains. Despite the existence of such an antemortem cremation authorization, a person with the right of disposition for a decedent under section 2108.70 or 2108.81 of the Revised Code may modify, in writing, the arrangements for the final disposition of the cremated remains of the decedent set forth in the authorization form or may cancel the cremation and claim the decedent’s body for purposes of making alternative arrangements for the final disposition of the decedent’s body. The revocation of an antemortem cremation authorization form executed under division (A) of this section, or the cancellation of the cremation of the person named in the antemortem authorization or modification of the arrangements for the final disposition of the person’s cremated remains as authorized by this division, does not affect the validity or enforceability of any contract entered into for the cremation of the person named in the antemortem authorization or for the final disposition of the person’s cremated remains.
(E) Nothing in this section applies to any antemortem cremation authorization form executed prior to August 5, 1998. Any cemetery, funeral home, crematory facility, or other party may specify, with the written approval of the person who executed the antemortem authorization, that such an antemortem authorization is subject to sections 4717.21 to 4717.30 of the Revised Code.