SF 2178 (LSB 5305XS (7) 86)

SENATE FILE 2178

BY  SMITH

A BILL FOR

An Act relating to a declaration concerning the final disposition of a person’s remains and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144B.1, subsection 2, Code 2016, is amended to read as follows:
   2.  “Designee” means a person named in a declaration under chapter 144C that is contained in or attached to a durable power of attorney for health care.
    Sec. 2.  Section 144C.2, subsection 8, Code 2016, is amended to read as follows:
   8.  “Declaration” means a written instrument, contained in or attached to a durable power of attorney for health care under chapter 144B, that is executed by a declarant in accordance with the requirements of this chapter, and that names 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, except as provided in section 144C.3, subsection 1.
    Sec. 3.  Section 144C.3, subsections 1 and 2, Code 2016, are amended to read as follows:
   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.  However, a declaration may include a directive that the declarant does or does not want to be cremated. A designee shall not authorize cremation when a declaration includes a directive that the declarant does not want to be cremated or authorize alternative arrangements when a declaration includes a directive that the declarant wants to be cremated. 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, except as provided in subsection 1.
    Sec. 4.  Section 144C.6, subsection 1, Code 2016, is amended to read as follows:
   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.
   (One of the following shall be initialed by the declarant)
   ___   I want my remains to be cremated.
   ___   I do not want my remains to be cremated.
   ___   I want to allow the person with the right to control final disposition of my remains to decide whether to cremate my remains or to make alternative arrangements for disposition of my remains.
   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.
    Sec. 5.  Section 144C.6, subsection 2, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   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, is contained in or attached to a durable power of attorney for health care under chapter 144B, 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:
    Sec. 6.  APPLICABILITY.  This Act applies to a declaration executed by a declarant pursuant to the provisions of this Act on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a written declaration executed by a person naming a designated adult to make decisions concerning the final disposition of the person’s remains and the ceremonies planned after the person’s death is not required to be contained in or attached to a durable power of attorney for health care. A coordinating change is made in Code section 144B.1(2).
   The bill also provides that while such a declaration otherwise gives the designee sole responsibility and discretion for making such decisions, the declaration may include a directive indicating whether the declarant does or does not want to be cremated. If the declaration includes such a directive, the designee does not have discretion to make a different decision concerning cremating or not cremating the declarant’s remains. The bill provides that the written form of the declaration shall include alternative statements, one of which shall be initialed by the declarant, indicating whether the declarant wants the declarant’s remains to be cremated, not to be cremated, or wants to allow the designee to make that decision.
   The provisions of the bill are applicable to declarations executed by a declarant on or after the effective date of the bill.