Senate Study Bill 1111 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON 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 TLSB 2433XC (2) 87 av/nh

S.F. _____ 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 , except as provided in section 144C.3, 15 subsection 1 . 16 Sec. 3. Section 144C.3, subsections 1 and 2, Code 2017, 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 2017, is amended 35 -1- LSB 2433XC (2) 87 av/nh 1/ 3

S.F. _____ 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. 28 Sec. 5. Section 144C.6, subsection 2, unnumbered paragraph 29 1, Code 2017, is amended to read as follows: 30 A declaration executed pursuant to this chapter shall 31 be in a written form that substantially complies with the 32 form in subsection 1 , is properly completed, is contained 33 in or attached to a durable power of attorney for health 34 care under chapter 144B , and is dated and signed by the 35 -2- LSB 2433XC (2) 87 av/nh 2/ 3

S.F. _____ declarant or another person acting on the declarant’s behalf 1 at the direction of and in the presence of the declarant. In 2 addition, a declaration shall be either of the following: 3 Sec. 6. APPLICABILITY. This Act applies to a declaration 4 executed by a declarant pursuant to the provisions of this Act 5 on or after the effective date of this Act. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill provides that a written declaration executed 10 by a person naming a designated adult to make decisions 11 concerning the final disposition of the person’s remains and 12 the ceremonies planned after the person’s death is not required 13 to be contained in or attached to a durable power of attorney 14 for health care. A coordinating change is made in Code section 15 144B.1(2). 16 The bill also provides that while such a declaration 17 otherwise gives the designee sole responsibility and discretion 18 for making such decisions, the declaration may include a 19 directive indicating whether the declarant does or does not 20 want to be cremated. If the declaration includes such a 21 directive, the designee does not have discretion to make a 22 different decision concerning cremating or not cremating the 23 declarant’s remains. The bill provides that the written form 24 of the declaration shall include alternative statements, one of 25 which shall be initialed by the declarant, indicating whether 26 the declarant wants the declarant’s remains to be cremated, not 27 to be cremated, or wants to allow the designee to make that 28 decision. 29 The provisions of the bill are applicable to declarations 30 executed by a declarant on or after the effective date of the 31 bill. 32 -3- LSB 2433XC (2) 87 av/nh 3/ 3