When an individual falsely represents themselves as the person having the authority to order a cremation or interment, who is liable for any damages resulting from carrying out the disposition?

• A. The acting funeral director
• B. The cemetery or crematory
• C. The individual making the misrepresentation
• D. The actual 7100 right holder

Answer: (A)

The main idea is that the professional who actually carries out a disposition must verify that the person directing it has legitimate authority. If someone falsely claims they have that authority, the person who proceeds with the cremation or interment bears responsibility for any damages that result from acting on that misrepresentation.

The acting funeral director is responsible because they are the one executing the disposition and have a duty to confirm who legitimately holds the right to control disposition. When they rely on a false claim of authority and perform the disposition anyway, they breach their professional duty and can be held liable for the damages that follow. Their obligation to verify authorization protects the decedent, the family, and the integrity of the process.

The cemetery or crematory typically follows the directions they receive; they are not automatically liable for damages solely due to a misrepresentation unless they knowingly participated in the misrepresentation or failed to verify when required by law. The actual person who holds the right to control disposition (the rightful right holder) has authority, but misrepresentation does not shield the executing party from liability.