Section 34-13-122 - Disposition of cremated remains(a) The authorizing agent shall provide a signed statement to the funeral establishment handling the cremation arrangements specifying the ultimate disposition of the cremated remains. A copy of this statement shall be retained by the funeral establishment for a period of five years.(b) Cremated remains shall be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery.(c) The authorizing agent is responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner and in accordance with any state, county, or municipal laws or provisions regarding the disposal of cremated remains. For purposes of this section, a dignified and humane manner of dispostion includes, but is not limited to, placement in an appropriate mausoleum, crypt, vault, columbarium niche, or inground site. A record of this disposition shall be maintained by the entity making the disposition for a period of five years. Upon disposing of cremated remains in accordance with this section, the funeral establishment or entity in possession of the cremated remains shall be discharged from any legal obligation or liability concerning the cremated remains.(d) Before the disposition of unclaimed cremated remains, the funeral establishment shall use best efforts to determine whether the remains belong to a United States military veteran who is eligible for burial in a veterans cemetery. For this purpose, the funeral establishment is authorized to disclose identifying information to the United States Department of Veterans Affairs, the Alabama Department of Veterans Affairs, or to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.(e) The remains of an eligible veteran may be transported to a state or national veterans cemetery for interment or released for interment to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.Ala. Code § 34-13-122 (1975)
Amended by Act 2023-491,§ 1, eff. 9/1/2023.Act 2002-239, p. 498, §3.