Disposition of human remains: custody, transportation, permits, burial, cremation, and scattering
This domain tests lawful control and movement of human remains in Louisiana. The exam focuses on who has the right to control disposition, what permits are required, and when a funeral director must stop and resolve a dispute.
Core rules
- The right to control disposition follows Louisiana’s statutory priority, generally beginning with a surviving spouse and then adult children, parents, and siblings, subject to the statute and court orders.
- Remains may not be moved or disposed of without required permits. A burial-transit permit is generally required before burial, cremation, or removal from the jurisdiction.
- Cremation requires proper authorization and compliance with permit and waiting-period rules; the funeral director must confirm identity and authorization before cremation.
- Scattering must comply with law and landowner permission; scattering on public land or private property without consent can violate law and policy.
- The funeral director should document custody, transfers, and authorizations.
Worked example
Two adult children disagree about cremation, and one presents a signed authorization. The funeral director should not simply follow the person who arrives first. The director should identify the statutory priority and any conflicting court order; if the dispute remains unresolved, disposition should wait until the parties agree or a court resolves it.
Traps
Releasing remains to a person outside the priority list can create liability. Moving remains without a transit permit is a violation. Proceeding with cremation despite a written objection is high risk. Do not assume a will always controls disposition over the statutory priority.