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