58-9-601. Advance directions.

239 words·~1 min read·/ut/title-58/chapter-9/58-9-601

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/8/2018

(1)A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502 , to direct the preparation, type, and place of the person's disposition, including:

(a)designating a funeral service establishment;

(b)providing directions for burial arrangements;

(c)providing directions for cremation arrangements; or

(d)providing directions for alkaline hydrolysis arrangements.

(2)A funeral service director shall carry out the written directions of the decedent prepared under this section to the extent that:

(a)the directions are lawful; and

(b)the decedent has provided resources to carry out the directions.

(3)Directions for disposition contained in a will shall be carried out pursuant to Subsection

(2)regardless of:

(a)the validity of other aspects of the will; or

(b)the fact that the will may not be offered or admitted to probate until a later date.

(4)A person may change or cancel written directions prepared under this section at any time prior to the person's death by providing written notice to all applicable persons, including:

(a)if the written directions designate a funeral service establishment or funeral service director, the funeral service establishment or funeral service director designated in the written directions; and

(b)if the written directions are contained in a will, the personal representative as defined in Section 75-1-201 .

Amended by Chapter 326 , 2018 General Session