A. An adult may authorize the adult's own cremation and the lawful disposition of the cremated remains by: (1) stating the desire to be cremated in a written statement that is signed by the adult and notarized or witnessed by two persons; or (2) including an express statement in the will indicating that the testator desired that the remains be cremated upon death. B. A personal representative acting pursuant to a will or the provisions of Chapter 45, Article 3 NMSA 1978 or a funeral service establishment, a direct disposition establishment or a crematory shall comply with a statement made in conformance with the provisions of Subsection A of this section. The statement is authorization to the personal representative, funeral establishment, direct disposition establishment or crematory that the remains of the decedent are to be cremated. Statements dated prior to April 5, 1993 are to be given effect if they meet the requirements of Subsection A of this section. C. A personal representative, funeral service establishment, direct disposition establishment or crematory acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith. D. A funeral service establishment, direct disposition establishment, crematory or employee of a funeral establishment, direct disposition establishment or crematory or other person that relies in good faith on a statement written pursuant to this section shall not be subject to liability for cremating the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent. E. As used in this section: (1) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; and (2) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition. History: Laws 1993, ch. 200, § 1; 2023, ch. 162, § 5. Cross references. — For cremations, see 61-32-19 NMSA 1978. The 2023 amendment, effective July 1, 2023, removed the definition of "commercial establishment"; deleted all references to "commercial establishment" throughout the section; in Subsection B, after "prior to", deleted "the effective date of this act" and added "April 5, 1993"; in Subsection C, after "funeral service establishment", added "direct disposition establishment"; and in Subsection E, deleted Paragraph E(1), which defined "commercial establishment", and redesignated former Paragraphs E(2) and E(3) as Paragraphs E(1) and E(2), respectively.
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