                                 CODE OF VIRGINIA

ABSENCE OF NEXT OF KIN (§ 54.1-2807.02)

In the absence of a next of kin, a person designated to make arrangements for
the decedent&#8217;s burial or the disposition of his remains pursuant to §
54.1-2825, an agent named in an advance directive pursuant to § 54.1-2984, or
any guardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title
64.2 who may exercise the powers conferred in the order of appointment or by §
64.2-2019, or upon the failure or refusal of such next of kin, designated
person, agent, or guardian to accept responsibility for the disposition of the
decedent, then any other person 18 years of age or older who is able to provide
positive identification of the deceased and is willing to pay for the costs
associated with the disposition of the decedent&#8217;s remains shall be
authorized to make arrangements for such disposition of the decedent&#8217;s
remains. If a funeral service establishment or funeral service licensee makes
arrangements with a person other than a next of kin, designated person, agent,
or guardian in accordance with this section, then the funeral service licensee
or funeral service establishment shall be immune from civil liability unless
such act, decision, or omission resulted from bad faith or malicious intent.

HISTORY: 2014, c. 355.