Senate
File
410
-
Introduced
SENATE
FILE
410
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1111)
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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410
Section
1.
Section
144B.1,
subsection
2,
Code
2017,
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
2017,
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.
15
Sec.
3.
Section
144C.6,
subsection
2,
unnumbered
paragraph
16
1,
Code
2017,
is
amended
to
read
as
follows:
17
A
declaration
executed
pursuant
to
this
chapter
shall
18
be
in
a
written
form
that
substantially
complies
with
the
19
form
in
subsection
1
,
is
properly
completed,
is
contained
20
in
or
attached
to
a
durable
power
of
attorney
for
health
21
care
under
chapter
144B
,
and
is
dated
and
signed
by
the
22
declarant
or
another
person
acting
on
the
declarant’s
behalf
23
at
the
direction
of
and
in
the
presence
of
the
declarant.
In
24
addition,
a
declaration
shall
be
either
of
the
following:
25
Sec.
4.
APPLICABILITY.
This
Act
applies
to
a
declaration
26
executed
by
a
declarant
pursuant
to
the
provisions
of
this
Act
27
on
or
after
the
effective
date
of
this
Act.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
provides
that
a
written
declaration
executed
32
by
a
person
naming
a
designated
adult
to
make
decisions
33
concerning
the
final
disposition
of
the
person’s
remains
and
34
the
ceremonies
planned
after
the
person’s
death
is
not
required
35
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410
to
be
contained
in
or
attached
to
a
durable
power
of
attorney
1
for
health
care.
A
coordinating
change
is
made
in
Code
section
2
144B.1(2).
3
The
provisions
of
the
bill
are
applicable
to
declarations
4
executed
by
a
declarant
on
or
after
the
effective
date
of
the
5
bill.
6
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