House File 2088 - Introduced



                                 HOUSE FILE       
                                 BY  LENSING, HUNTER, WATTS,
                                     GREINER, PETTENGILL, WHITAKER,
                                     MERTZ, WINCKLER, SANDS, TYMESON,
                                     HEDDENS, WESSEL=KROESCHELL,
                                     FOEGE, and LUKAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act identifying and prioritizing persons authorized to provide
  2    instructions and approval regarding funeral arrangements.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5390YH 82
  5 jr/rj/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  156.17  FUNERAL ARRANGEMENTS ==
  1  2 AUTHORIZED PERSONS.
  1  3    1.  A funeral director licensed pursuant to this chapter or
  1  4 operator of a cremation establishment licensed pursuant to
  1  5 this chapter shall consult with and may reasonably rely upon
  1  6 an authorized person when making funeral arrangements for a
  1  7 decedent including but not limited to embalming, cremation,
  1  8 funeral services, and the disposition of human remains.  A
  1  9 funeral director, operator of a cremation establishment, and
  1 10 attorney in fact shall have the same protection from criminal
  1 11 prosecution and civil liability, or professional disciplinary
  1 12 action as provided for in section 144B.9.
  1 13    2.  For purposes of this section, "authorized person"
  1 14 means, in the absence of a contrary court order, any available
  1 15 member of the following classes of persons, in the order of
  1 16 priority listed:
  1 17    a.  The attorney in fact designated in a decedent's durable
  1 18 power of attorney for health care pursuant to chapter 144B.
  1 19    b.  The surviving spouse of the decedent if not legally
  1 20 separated from the decedent.
  1 21    c.  The decedent's surviving adult children.  If there is
  1 22 more than one adult child, any adult child who can confirm in
  1 23 writing the notification of all other adult children may serve
  1 24 as the authorized person, unless the funeral director or
  1 25 cremation establishment receives any objection from another
  1 26 adult child.  Alternatively, a majority of the surviving adult
  1 27 children of the decedent whose whereabouts are reasonably
  1 28 ascertainable may jointly serve as the authorized person.
  1 29    d.  The surviving parents of the decedent whose whereabouts
  1 30 are reasonably ascertainable.
  1 31    e.  The decedent's surviving adult grandchildren.  If there
  1 32 is more than one adult grandchild, any adult grandchild who
  1 33 can confirm in writing the notification of all other adult
  1 34 grandchildren may serve as the authorized person, unless the
  1 35 funeral director or cremation establishment receives any
  2  1 objection from another adult grandchild.  Alternatively, a
  2  2 majority of the surviving adult grandchildren of the decedent
  2  3 whose whereabouts are reasonably ascertainable may jointly
  2  4 serve as the authorized person.
  2  5    f.  An adult sibling of the decedent.  If there is more
  2  6 than one adult sibling, any adult sibling who can confirm in
  2  7 writing the notification of all other adult siblings may serve
  2  8 as the authorized person, unless the funeral director or
  2  9 cremation establishment receives any objection from another
  2 10 adult sibling.  Alternatively, a majority of the surviving
  2 11 adult siblings of the decedent whose whereabouts are
  2 12 reasonably ascertainable may jointly serve as the authorized
  2 13 person.
  2 14    g.  A surviving grandparent of the decedent.  If there is
  2 15 more than one grandparent, any grandparent who can confirm in
  2 16 writing the notification of all other grandparents may serve
  2 17 as the authorized person, unless the funeral director or
  2 18 cremation establishment receives any objection from another
  2 19 grandparent.  Alternatively, a majority of the surviving
  2 20 grandparents of the decedent whose whereabouts are reasonably
  2 21 ascertainable may jointly serve as the authorized person.
  2 22    h.  Another adult person in the next degree of kinship in
  2 23 the order named by law to inherit the estate of the decedent
  2 24 under the rules of the inheritance for intestate succession.
  2 25    i.  The county medical examiner, if responsible for the
  2 26 decedent's remains.
  2 27    3.  A funeral director may await court order before
  2 28 finalizing the funeral arrangements if the funeral director is
  2 29 aware of a dispute between the authorized person or persons
  2 30 who would be in a priority position under the definition of
  2 31 authorized person pursuant to this section and the executor
  2 32 named in the decedent's will or a personal representative
  2 33 appointed by a court, or is aware of a dispute among
  2 34 authorized persons within the same priority classification.
  2 35                           EXPLANATION
  3  1    This bill provides a list of specified individuals who may
  3  2 be regarded as authorized persons with whom a funeral director
  3  3 or operator of a cremation establishment shall consult with in
  3  4 making funeral arrangements.  The authorized persons are
  3  5 listed within the bill in priority order.  First priority is
  3  6 assigned to the attorney in fact specified by a decedent in a
  3  7 durable power of attorney for health care, followed by a
  3  8 spouse, children, other family members, individuals entitled
  3  9 to inherit pursuant to the state's intestacy laws, and the
  3 10 county medical examiner.  This list grants priority to the
  3 11 attorney in fact designated in a decedent's durable power of
  3 12 attorney for health care pursuant to Code chapter 144B and
  3 13 incorporates the current list of authorized persons listed in
  3 14 645 IAC 100.1(156).
  3 15 LSB 5390YH 82
  3 16 jr/rj/8