Many people have certain notions of whether they want to be buried or cremated or how their remains should be handled.
Estate planning and elder law attorneys often hear of all kinds of elaborate plans for the disposition of clients’ remains. Here in the Port City, scattering ashes or “cremains” on or near the beach is a popular concept.
However, sometimes, people’s ideas do not always align with the laws governing the disposition of cremains. The following is a general guide outlining how to dispose of cremains under North Carolina law.
In North Carolina, an “authorizing agent” is responsible for handling the disposition of remains, which would include cremains. The authorizing agent must be at least 18 years old. The authorizing agent can be appointed through several documents, including a pre-need funeral contract, a Health Care Power of Attorney, or a Last Will and Testament. This authorizing agent can also be appointed in a written statement that is signed by the individual making the appointment and two adult witnesses.
If there are no documents appointing an authorizing agent, then North Carolina law specifies the following people may serve in the order listed below, with some exceptions, to authorize disposition of a decedent’s remains:
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