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144c-4
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.
2. A designee or third party who relies in good faith on a
declaration may presume, in the absence of actual knowledge to the
contrary, all of the following:
a. That the declaration was validly executed.
b. That the declarant was competent at the time the
declaration was executed.
3. A third party who relies in good faith on a declaration is not
subject to civil or criminal liability for the proper application of
property delivered or surrendered in compliance with decisions made
by the designee including but not limited to trust funds held
pursuant to chapter 523A.
4. A third party who has reasonable cause to question the
authenticity or validity of a declaration may promptly and reasonably
seek additional information from the person proffering the
declaration or from other persons to verify the declaration.
5. The state medical examiner or a county medical examiner shall
not be subject to civil liability or to criminal prosecution or
professional disciplinary action for releasing a decedent's remains
to a person who is not a designee or alternate designee.
6. This section shall not be construed to impair any contractual
obligations of a designee or third party incurred in fulfillment of a
declaration. Section History: Recent Form
2008 Acts, ch 1051, §9, 22
