Section 144C.1 – Short title.
144C.1 Short title. This chapter may be cited as the “Final Disposition Act”. 2008 Acts, ch 1051, §6, 22
Section 144C.10 – Effect of declaration.
144C.10 Effect of declaration. 1. The designee designated in a declaration shall have the sole discretion pursuant to the declaration to determine what final disposition of the declarant’s remains and ceremonies to be performed after the declarant’s death are reasonable under the circumstances. 2. The most recent declaration executed by a declarant shall control. 3. […]
Section 144C.11 – Practice of mortuary science.
144C.11 Practice of mortuary science. This chapter shall not be construed to authorize the unlicensed practice of mortuary science as provided in chapter 156. 2008 Acts, ch 1051, §16, 22
Section 144C.2 – Definitions.
144C.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Adult” means a person who is married or who is eighteen years of age or older. 2. “Adult day services program” means adult day services program as defined in section 231D.1. 3. “Assisted living program” means an assisted living program under chapter […]
Section 144C.3 – Declaration — designee.
144C.3 Declaration — designee. 1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death. A declaration may name one or more alternate designees and may include contact information for the designees […]
Section 144C.4 – Reliance — immunities.
144C.4 Reliance — immunities. 1. A designee or third party who relies in good faith on a declaration is not subject to civil liability or to criminal prosecution or professional disciplinary action to any greater extent than if the designee or third party dealt directly with the declarant as a fully competent and living person. […]
Section 144C.5 – Final disposition of remains — right to control.
144C.5 Final disposition of remains — right to control. 1. The right to control final disposition of a decedent’s remains or to make arrangements for the ceremony after a decedent’s death vests in and devolves upon the following persons who are competent adults at the time of the decedent’s death, in the following order: a. […]
Section 144C.6 – Declaration of designee — form — requirements.
144C.6 Declaration of designee — form — requirements. 1. A declaration executed pursuant to this chapter may but need not be in the following form: I hereby designate …………………………………. as my designee. My designee shall have the sole responsibility for making decisions concerning the final disposition of my remains and the ceremonies to be performed […]
Section 144C.7 – Revocation of declaration.
144C.7 Revocation of declaration. 1. A declaration is revocable by a declarant in a writing signed and dated by the declarant. 2. Unless otherwise expressly provided in a declaration: a. A dissolution of marriage, annulment of marriage, or legal separation between the declarant and the declarant’s spouse that occurs subsequent to the execution of the […]
Section 144C.8 – Forfeiture of designee’s authority.
144C.8 Forfeiture of designee’s authority. A designee shall forfeit all rights and authority under a declaration and all rights and authority under the declaration shall vest in and devolve upon an alternate designee, or if there is none, vest in and devolve pursuant to section 144C.5, under either of the following circumstances: 1. The designee […]
Section 144C.9 – Interstate effect of declaration.
144C.9 Interstate effect of declaration. Unless otherwise expressly provided in a declaration: 1. It is presumed that the declarant intended to have a declaration executed pursuant to this chapter have the full force and effect of law in any state of the United States, the District of Columbia, and any other territorial possessions of the […]