New Mexico direct disposition and cremation rights

New Mexico requires every direct disposer to give the people arranging a direct disposition a written statement before the disposition takes place. The statement must say that the direct disposer cannot take part in rites or ceremonies, or provide facilities for them, before the final disposition. It must also say that there can be no viewing except for identification, and that a body cannot be embalmed unless the place of disposition requires it, and then only by a person licensed to embalm. Ask for the written statement before you sign, and check that it matches what your family is planning. [1]

If your family wants a service with the body present elsewhere, a direct disposer may transport the body there only after getting a signed release from the person accepting it, who must be the person with the right to control the disposition or that person’s agent. After that release, the direct disposer cannot transport the body anywhere else. Ask who will move the body after the service before you sign the release. [1]

Under the Board of Funeral Services rules, no cremation may take place until the required documents are obtained or a court order authorizes it. The documents include a signed authorization from the authorizing agent or agents, meaning the people legally entitled to order the cremation, and a signed permit from the state Office of the Medical Investigator, or its equivalent if the death occurred outside New Mexico. Ask the funeral home or crematory which documents it still needs and who must sign them. [2]

Cremating more than one body in the same retort at the same time is prohibited unless the authorizing agents for each body give written authorization. Establishments and crematories must keep an accurate record of every cremation and of where the cremated remains went for at least seven years. Cremation authorization forms must hold the crematory or establishment harmless for lawfully disposing of cremated remains left unclaimed for one year. Read that part of the form and agree on when the cremated remains will be collected. [2]