Legal Question in Elder Law in Louisiana

My mother in law passed away 2 days ago. She wanted to be cremated. She has 3 blood children. Two of the children are able to sign the cremation authorization. We cannot locate her other son. We have not seen or spoken to him in over 2 years. None of the immediate or extended family know where he is or how to contact him. The cremation will take place in Calcasieu Parish, Louisiana. Her youngest son and I have power of attorney. Is there a way to proceed with the cremation without his signature on the authorization form?


Asked on 8/02/12, 5:11 pm

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

Under Louisiana law (LSA-RS 8:655) if there is no living spouse, then a majority of the decedent's adult children can authorize cremation.

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Answered on 8/02/12, 6:19 pm


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