Can someone other than a coroner sign off on a cremation in Louisiana, and can the coroner charge the family or the funeral home for the permit?

Plain-English summary

West Baton Rouge Parish Coroner Philip Padgett asked who in a coroner's office may issue a cremation permit and whether the coroner may charge a family or funeral home for it. The opinion answered both questions using Louisiana's coroner and disposition statutes.

When a funeral director requests cremation, La. R.S. 13:5716(A) requires notice to the coroner with jurisdiction over the death. Subsection (B) directs the coroner to issue a permit after the necessary investigation if there are no suspicious circumstances. The AG read that duty with La. R.S. 13:5705, which permits appointment of deputy and assistant coroners to perform the coroner's duties. The opinion concluded that only a coroner, deputy coroner, or assistant coroner may issue the permit. It did not specify how long an appointment must last or what records the office must keep for an appointment.

The AG also concluded that a coroner may not charge a family or funeral home for the permit. La. R.S. 13:5706 allows fifty dollars for an investigation, including necessary papers and reports; the opinion treats a cremation permit as one of those papers. It says the parish or municipal governing authority should bear the cost. Although La. R.S. 9:1551 addresses reimbursement of disposition costs, the opinion says it does not authorize charging for a cremation permit.

What this means for you

Coroners: Assign permit issuance to the coroner or an appointed deputy or assistant coroner. The opinion does not authorize other office staff to issue permits. It identifies the investigation fee in La. R.S. 13:5706 as covering the necessary permit papers and says the parish or municipal governing authority should bear the cost.

Funeral directors and families: The funeral director must notify the coroner with jurisdiction when cremation is requested. The opinion says the coroner cannot seek a separate permit charge from the family or funeral home. It does not address other funeral-home charges.

Parish and municipal officials: The opinion assigns the coroner's statutory permit-related cost to the governing authority. Its conclusion concerns this coroner fee, rather than every expense associated with a cremation.

Currency note

This opinion was issued in 2023. Verify the current statutes and any later official guidance before applying its fee or permit rules to a present case.

Common questions

May an investigator or office administrator issue the permit?

The opinion says no one other than the coroner, a deputy coroner, or an assistant coroner may issue it. It does not decide whether a particular employee has been appointed to one of those offices.

May the coroner appoint a deputy or assistant solely for permit work during an absence?

The opinion cites La. R.S. 13:5705 for the power to appoint deputies and assistants, but does not address a limited-purpose or short-term appointment. The answer here is confined to who may issue the permit after an appointment.

What does the coroner do before issuing a permit?

The opinion quotes La. R.S. 13:5716(B): after the necessary investigation, the coroner issues the permit if satisfied there are no suspicious circumstances surrounding the death. It does not prescribe a separate process for a case with suspicious circumstances.

Can the coroner bill the funeral home for the permit?

No. The AG concluded that a cremation permit is covered by the investigation fee for necessary papers and reports under La. R.S. 13:5706 and that the governing authority of the parish or municipality should bear the cost.

Background and statutory framework

The opinion relies on La. R.S. 13:5716(A) and (B) for notification, investigation, and permit issuance; La. R.S. 13:5705 for deputy and assistant coroner appointments; La. R.S. 13:5706 for the investigation fee; and La. R.S. 9:1551 for disposition-cost reimbursement. It cites earlier AG opinions in footnotes for the delegation and fee analysis. Its two conclusions are limited to the authorized permit issuer and who pays the coroner's permit-related cost.

Citations and references

• La. R.S. 13:5716(A), (B) (funeral-director notice and permit after investigation)
• La. R.S. 13:5705 (deputy and assistant coroner appointments)
• La. R.S. 13:5706 (investigation fee, including necessary papers and reports)
• La. R.S. 9:1551 (disposition-cost reimbursement)
• La. R.S. 8:1(22) (cremation as final disposition)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0040

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 94005
BATON ROUGE
70804-9005

Jeff Landry
Attorney General

June 5, 2023

OPINION 23-0040

13 CORONERS
La. R.S. 8:1
La. R.S. 9:1551
La. R.S. 13:5706
La. R.S. 13:5705

Honorable Philip G. Padgett, M.D.
Coroner
West Baton Rouge Parish
1150 Northwest Dr.
P.O. Box 951
Port Allen LA 70767-0951

Only a coroner, deputy coroner, or assistant coroner may issue a permit for cremation after the necessary investigation. Finally, coroners do not have the authority to seek compensation from families or funeral homes for issuing a permit for cremation.

Dear Dr. Padgett:

Our office received your request for an opinion regarding the following questions:

1) Who has the legal authority within a coroner's office other than the coroner, deputy coroner, or assistant coroner to issue a permit for cremation?

2) Does the coroner have any authority to seek compensation from a family or a funeral home for issuing a permit to cremate, or is the cost to be paid by the parish responsible for covering all other costs related to the death?

If the cremation of a body is requested, a funeral director is required to notify the coroner who has jurisdiction in the death. "If, after the necessary investigation, the coroner is satisfied that there are no suspicious circumstances surrounding the death, he shall issue a permit for cremation." This office has previously concluded that statutory provisions that provide the coroner "shall" perform certain duties must be read in pari materia with the provisions of La. R.S. 13:5705, which authorizes a coroner to appoint deputy coroners and assistant coroners to perform the duties of the coroner. It is our opinion that coroners, deputy coroners, and assistant coroners are the only officials in the office of the coroner who are authorized by law to issue a permit for cremation.

The reimbursement of costs regarding the disposition of human remains as related to coroners is set forth in La. R.S. 9:1551. Because cremation is a final disposition of human remains in Louisiana, La. R.S. 9:1551 is relevant to your inquiry. However, La. R.S. 9:1551 does not authorize the coroner to seek compensation for the issuance of a cremation permit.

In addition to La. R.S. 9:1551, La. R.S. 13:5706 sets forth authorized fees for coroner's services. A coroner shall receive fifty dollars for investigation, including issuing necessary papers and reports. A coroner's office is not entitled to receive fees for the services listed in La. R.S. 13:5706(A) other than through reimbursement permitted under the referenced statutory scheme. Nonetheless, it is our opinion that a permit for cremation constitutes necessary papers and reports, the associated fees are authorized under La. R.S. 13:5706, and the costs should be borne by the governing authority of the parish or municipality. A coroner is not authorized to pass these costs on to families and funeral homes.

In conclusion, no one other than a coroner, deputy coroner, or assistant coroner may issue a permit for cremation. A coroner does not have authority to seek compensation from families or funeral homes for issuing a permit to cremate.

We hope that this opinion has adequately addressed the questions you have submitted. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

BY:
Assistant Attorney General

JL/WBB

1 La. R.S. 13:5716(A).
2 La. R.S. 13:5716(B).
3 La. Atty. Gen. Op. No. 96-307.
4 La. R.S. 13:5705.
5 La. Atty. Gen. Op. No. 13-0002.
6 La. R.S. 8:1(22).
7 La. Atty. Gen. Op. Nos. 07-0240, 20-0079, 21-0131, and 22-0099.
8 La. R.S. 13:5706.
9 La. Atty. Gen. Op. Nos. 95-38, 95-112, 04-0134, 07-0240, and 20-0079.
10 La. R.S. 13:5706.