Louisiana Cremation Wishes: Written Directions and Who May Authorize

By Perkins Road Notary

If you want cremation, put that preference in the proper written form and make the document available to the people arranging your funeral. A conversation alone can leave your family uncertain about your wishes and who has authority to act.

Record specific directions

Louisiana R.S. 37:876 recognizes specific cremation directions in a notarial testament or a written, notarized declaration. The statute also recognizes a person designated to control disposition in either of those forms. A general statement in an unrelated document should not be assumed to accomplish the same purpose.

Call us about preparing and notarizing a cremation declaration. If you want the direction in your will or have conflicting documents, obtain legal advice about the wording and which document controls.

Who may authorize cremation?

The law establishes an order of priority. It first addresses a person arranging cremation under the deceased’s specific written directions, then a properly designated person. It next addresses the surviving spouse under specified conditions and categories of relatives. A majority of surviving adult children is one category; one child should not assume they can act alone when others survive.

There are special exceptions, including certain military circumstances. Being named executor does not, by itself, answer every question about cremation authorization.

The funeral provider still needs authorization paperwork

R.S. 37:877 requires a cremation authorization form with the required information and signatures. When written directions exist, a copy must accompany that form. Preparing a declaration in advance does not eliminate the provider’s post-death paperwork or other applicable requirements.

Share the document and keep it current

Give a copy to the designated person, close family, and your chosen funeral provider. Keep the original accessible and identify its location. If you change your decision, address prior documents and notify the people holding copies. The statute provides that the latest of multiple qualifying testaments or declarations controls, subject to its special provisions.

Written instructions against cremation also matter. If the family disagrees or the needed authorization cannot be obtained, consult an attorney; a court judgment may be required. A cremation declaration is separate from a living will or medical resuscitation order.

Official sources

Louisiana Revised Statutes 37:876: Authorizing agent and written directions and 37:877: Cremation authorization form.

Get help in Baton Rouge

Call Perkins Road Notary at (225) 341-3828 or visit 6161 Perkins Road, Suite 1C, Baton Rouge. See our notary services. Curbside service is available at our office; call when you arrive. We do not provide mobile visits.

Updated October 8, 2026: This article was revised to reflect current Louisiana law, agency procedures, and Perkins Road Notary service information, as applicable.