South Carolina has enacted special legislation entitled the "Safe Cremation Act" in S.C. Code § 32-8-300, et seq. This law sets the procedures that must be followed before a body is cremated.
The law requires that the cremation be specifically authorized by a person with the legal authority to do so. This list includes:
- Authority granted in a will
- The surviving spouse
- Adult children
- Parents
- Next of kin
- Personal representative of the estate
Sometimes a funeral home will negligently or otherwise without lawful authorization conduct a cremation. This can rob a family of the opportunity for a planned funeral service and can be especially upsetting if the deceased is personally opposed to cremation.
James Snell has represented those who have suffered needless emotional distress as a result of a funeral home's refusal to comply with the Safe Cremation Act. If your loved ones remain were improperly cremated, or if you have any other claim against a funeral home, you can contact The Law Office of James R. Snell, Jr., LLC at (803) 359-3301. There is no cost to discuss your prospective case.