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144c-3
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 and alternate designees.
2. A declaration shall not include directives for final
disposition of the declarant's remains and shall not include
arrangements for ceremonies planned after the declarant's death.
3. A designee, an alternate designee, and a third party shall act
in good faith and in a manner that is reasonable under the
circumstances.
4. A funeral director, an attorney, or any agent, owner, or
employee of a funeral establishment, cremation establishment,
cemetery, elder group home, assisted living program, adult day
services program, or licensed hospice program shall not serve as a
designee unless related to the declarant within the third degree of
consanguinity.
5. This section shall not be construed to permit a person who is
not licensed pursuant to chapter 156 to make funeral arrangements.
Section History: Recent Form
2008 Acts, ch 1051, §8, 22; 2008 Acts, ch 1191, §124; 2009 Acts,
ch 133, §46
