Senate
File
2178
-
Introduced
SENATE
FILE
2178
BY
SMITH
A
BILL
FOR
An
Act
relating
to
a
declaration
concerning
the
final
1
disposition
of
a
person’s
remains
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2178
Section
1.
Section
144B.1,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
“Designee”
means
a
person
named
in
a
declaration
under
3
chapter
144C
that
is
contained
in
or
attached
to
a
durable
4
power
of
attorney
for
health
care
.
5
Sec.
2.
Section
144C.2,
subsection
8,
Code
2016,
is
amended
6
to
read
as
follows:
7
8.
“Declaration”
means
a
written
instrument
,
contained
in
or
8
attached
to
a
durable
power
of
attorney
for
health
care
under
9
chapter
144B
,
that
is
executed
by
a
declarant
in
accordance
10
with
the
requirements
of
this
chapter
,
and
that
names
a
11
designee
who
shall
have
the
sole
responsibility
and
discretion
12
for
making
decisions
concerning
the
final
disposition
of
the
13
declarant’s
remains
and
the
ceremonies
planned
after
the
14
declarant’s
death
,
except
as
provided
in
section
144C.3,
15
subsection
1
.
16
Sec.
3.
Section
144C.3,
subsections
1
and
2,
Code
2016,
are
17
amended
to
read
as
follows:
18
1.
A
declaration
shall
name
a
designee
who
shall
have
19
the
sole
responsibility
and
discretion
for
making
decisions
20
concerning
the
final
disposition
of
the
declarant’s
remains
and
21
the
ceremonies
planned
after
the
declarant’s
death.
However,
a
22
declaration
may
include
a
directive
that
the
declarant
does
or
23
does
not
want
to
be
cremated.
A
designee
shall
not
authorize
24
cremation
when
a
declaration
includes
a
directive
that
the
25
declarant
does
not
want
to
be
cremated
or
authorize
alternative
26
arrangements
when
a
declaration
includes
a
directive
that
the
27
declarant
wants
to
be
cremated.
A
declaration
may
name
one
or
28
more
alternate
designees
and
may
include
contact
information
29
for
the
designees
and
alternate
designees.
30
2.
A
declaration
shall
not
include
directives
for
final
31
disposition
of
the
declarant’s
remains
and
shall
not
include
32
arrangements
for
ceremonies
planned
after
the
declarant’s
33
death
,
except
as
provided
in
subsection
1
.
34
Sec.
4.
Section
144C.6,
subsection
1,
Code
2016,
is
amended
35
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to
read
as
follows:
1
1.
A
declaration
executed
pursuant
to
this
chapter
may
but
2
need
not
be
in
the
following
form:
3
I
hereby
designate
..........
as
my
designee.
My
designee
4
shall
have
the
sole
responsibility
for
making
decisions
5
concerning
the
final
disposition
of
my
remains
and
the
6
ceremonies
to
be
performed
after
my
death.
7
(One
of
the
following
shall
be
initialed
by
the
declarant)
8
___
I
want
my
remains
to
be
cremated.
9
___
I
do
not
want
my
remains
to
be
cremated.
10
___
I
want
to
allow
the
person
with
the
right
to
control
11
final
disposition
of
my
remains
to
decide
whether
to
cremate
12
my
remains
or
to
make
alternative
arrangements
for
disposition
13
of
my
remains.
14
This
declaration
hereby
revokes
all
prior
declarations.
15
This
designation
becomes
effective
upon
my
death.
16
My
designee
shall
act
in
a
manner
that
is
reasonable
under
17
the
circumstances.
18
I
may
revoke
or
amend
this
declaration
at
any
time.
I
19
agree
that
a
third
party
(such
as
a
funeral
or
cremation
20
establishment,
funeral
director,
or
cemetery)
who
receives
a
21
copy
of
this
declaration
may
act
in
reliance
on
it.
Revocation
22
of
this
declaration
is
not
effective
as
to
a
third
party
until
23
the
third
party
receives
notice
of
the
revocation.
My
estate
24
shall
indemnify
my
designee
and
any
third
party
for
costs
25
incurred
by
them
or
claims
arising
against
them
as
a
result
of
26
their
good
faith
reliance
on
this
declaration.
27
I
execute
this
declaration
as
my
free
and
voluntary
act.
29
28
Sec.
5.
Section
144C.6,
subsection
2,
unnumbered
paragraph
30
1,
Code
2016,
is
amended
to
read
as
follows:
31
A
declaration
executed
pursuant
to
this
chapter
shall
32
be
in
a
written
form
that
substantially
complies
with
the
33
form
in
subsection
1
,
is
properly
completed,
is
contained
34
in
or
attached
to
a
durable
power
of
attorney
for
health
35
care
under
chapter
144B
,
and
is
dated
and
signed
by
the
1
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declarant
or
another
person
acting
on
the
declarant’s
behalf
2
at
the
direction
of
and
in
the
presence
of
the
declarant.
In
3
addition,
a
declaration
shall
be
either
of
the
following:
4
Sec.
6.
APPLICABILITY.
This
Act
applies
to
a
declaration
5
executed
by
a
declarant
pursuant
to
the
provisions
of
this
Act
6
on
or
after
the
effective
date
of
this
Act.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
provides
that
a
written
declaration
executed
11
by
a
person
naming
a
designated
adult
to
make
decisions
12
concerning
the
final
disposition
of
the
person’s
remains
and
13
the
ceremonies
planned
after
the
person’s
death
is
not
required
14
to
be
contained
in
or
attached
to
a
durable
power
of
attorney
15
for
health
care.
A
coordinating
change
is
made
in
Code
section
16
144B.1(2).
17
The
bill
also
provides
that
while
such
a
declaration
18
otherwise
gives
the
designee
sole
responsibility
and
discretion
19
for
making
such
decisions,
the
declaration
may
include
a
20
directive
indicating
whether
the
declarant
does
or
does
not
21
want
to
be
cremated.
If
the
declaration
includes
such
a
22
directive,
the
designee
does
not
have
discretion
to
make
a
23
different
decision
concerning
cremating
or
not
cremating
the
24
declarant’s
remains.
The
bill
provides
that
the
written
form
25
of
the
declaration
shall
include
alternative
statements,
one
of
26
which
shall
be
initialed
by
the
declarant,
indicating
whether
27
the
declarant
wants
the
declarant’s
remains
to
be
cremated,
not
28
to
be
cremated,
or
wants
to
allow
the
designee
to
make
that
29
decision.
30
The
provisions
of
the
bill
are
applicable
to
declarations
31
executed
by
a
declarant
on
or
after
the
effective
date
of
the
32
bill.
33
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