144C.6 Declaration of designee — form — requirements.
447 words·~2 min read·
/ia/chapter-144c-final-disposition-act/144c-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 after my death. This declaration hereby revokes
all prior declarations. This designation becomes effective upon my
death.
My designee shall act in a manner that is reasonable under the
circumstances.
I may revoke or amend this declaration at any time. I agree that
a third party (such as a funeral or cremation establishment, funeral
director, or cemetery) who receives a copy of this declaration may
act in reliance on it. Revocation of this declaration is not effective as
to a third party until the third party receives notice of the revocation.
My estate shall indemnify my designee and any third party for costs
incurred by them or claims arising against them as a result of their
good faith reliance on this declaration.
I execute this declaration as my free and voluntary act.
2. A declaration executed pursuant to this chapter shall be in a written form that substantially complies with the form in subsection 1, is properly completed, and is dated and signed by the declarant or another person acting on the declarant’s behalf at the direction of and in the presence of the declarant. In addition, a declaration shall be either of the following:
a. Signed by at least two individuals who are not named therein and who, in the presence of each other and the declarant, witnessed the signing of the declaration by the declarant, or another person acting on the declarant’s behalf at the direction of and in the presence of the declarant, and witnessed the signing of the declaration by each other.
b. Acknowledged before a notarial officer as provided in chapter 9B.
3. A declaration may include the location of an agreement for prearranged funeral services or funeral merchandise as defined in and executed under chapter 523A, cemetery lots owned by or reserved for the declarant, and special instructions regarding organ donation consistent with chapter 142C.
4. A declaration for disposition of remains made by a service member who died while performing military duty as defined in section 29A.1, subsection 3, 8, or 12, on forms provided and authorized by the department of defense for service members for this purpose shall constitute a valid declaration of designee for purposes of this chapter.
2008 Acts, ch 1051, §11, 22; 2010 Acts, ch 1170, §3; 2011 Acts, ch 47, §8; 2012 Acts, ch 1050, §39, 60; 2012 Acts, ch 1072, §33; 2017 Acts, ch 30, §3, 4