This is a great question! It's an issue that is common and commonly overlooked. You use the word "required" for the need of documentation. Required is a strong word, especially when talking to a lawyer! I am aware of no laws that require separate documentation for a keepsake urn; HOWEVER, I do recommend a form to acknowledge the separation of the cremated remains and to whom or where the cremated remains have been delivered. A cremation provider can handle this in different matters but I suggest these two as a start.

First, if you are aware that the family is going to separate the cremated remains and make use of individual or keepsake urns, then take advantage of your Cremation Authorization and Disposition Form. Under the section for Final Disposition, identify precisely how you will separate the cremated remains and who will be receiving (and allowed to pick-up) each individual keepsake. The second method funeral home could use is for when the funeral home is told after the authorization form or cremation has taken place. In this scenario, you should have a form that serves as a type of addendum to your Cremation Authorization Form. In this form you could identify that the Funeral Home has received the cremated remains pursuant to the original Cremation Authorization Form and will be separating the Cremated Remains. In this separate form you can identify how you will separate the cremated remains and who receives the cremated remains.

One note to keep in mind, specifically in the second scenario. The Cremation Authorization and Disposition Form is a legally binding agreement between the cremation provider and the family that signs it. If the original Cremation Auth Form states that the son Bob gets all the cremated remains and Bob is the only one who can pick up the cremated remains, then the funeral director cannot simply get a phone call and now decide to split the cremated remains. The funeral provider needs to either fulfill the original Cremation Auth Form first, then let Bob decide what to do and sign the addendum showing his intent, OR have everyone who signed the original Cremation Auth Form sign off as to the new changes. I point this out because it is important to remember that any changes, on any contract, need all the signing party’s approval or you have to fulfill the contract first.

Overall, it is very important to document who and where the cremated remains go, and document how you got there as well. Please feel free to call me if you need more info or help with the issue.