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Senate Study Bill 1111 - IntroducedA Bill ForAn Act 1relating to a declaration concerning the final
2disposition of a person’s remains and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144B.1, subsection 2, Code 2017, is
2amended to read as follows:
32. “Designee” means a person named in a declaration under
4chapter 144C that is contained in or attached to a durable
5power of attorney for health care.
6 Sec. 2. Section 144C.2, subsection 8, Code 2017, is amended
7to read as follows:
88. “Declaration” means a written instrument, contained in or
9attached to a durable power of attorney for health care under
10chapter 144B, that is executed by a declarant in accordance
11with the requirements of this chapter, and that names a
12designee who shall have the sole responsibility and discretion
13for making decisions concerning the final disposition of the
14declarant’s remains and the ceremonies planned after the
15declarant’s death, except as provided in section 144C.3,
16subsection 1.
17 Sec. 3. Section 144C.3, subsections 1 and 2, Code 2017, are
18amended to read as follows:
191. A declaration shall name a designee who shall have
20the sole responsibility and discretion for making decisions
21concerning the final disposition of the declarant’s remains and
22the ceremonies planned after the declarant’s death. However, a
23declaration may include a directive that the declarant does or
24does not want to be cremated. A designee shall not authorize
25cremation when a declaration includes a directive that the
26declarant does not want to be cremated or authorize alternative
27arrangements when a declaration includes a directive that the
28declarant wants to be cremated. A declaration may name one or
29more alternate designees and may include contact information
30for the designees and alternate designees.
312. A declaration shall not include directives for final
32disposition of the declarant’s remains and shall not include
33arrangements for ceremonies planned after the declarant’s
34death, except as provided in subsection 1.
35 Sec. 4. Section 144C.6, subsection 1, Code 2017, is amended
-1-1to read as follows:
21. A declaration executed pursuant to this chapter may but
3need not be in the following form:
4I hereby designate .......... as my designee. My designee
5shall have the sole responsibility for making decisions
6concerning the final disposition of my remains and the
7ceremonies to be performed after my death.
8(One of the following shall be initialed by the declarant)
9___ I want my remains to be cremated.
10___ I do not want my remains to be cremated.
11___ I want to allow the person with the right to control
12final disposition of my remains to decide whether to cremate
13my remains or to make alternative arrangements for disposition
14of my remains.
15This declaration hereby revokes all prior declarations.
16This designation becomes effective upon my death.
17My designee shall act in a manner that is reasonable under
18the circumstances.
19I may revoke or amend this declaration at any time. I
20agree that a third party (such as a funeral or cremation
21establishment, funeral director, or cemetery) who receives a
22copy of this declaration may act in reliance on it. Revocation
23of this declaration is not effective as to a third party until
24the third party receives notice of the revocation. My estate
25shall indemnify my designee and any third party for costs
26incurred by them or claims arising against them as a result of
27their good faith reliance on this declaration.
28I execute this declaration as my free and voluntary act.
29 Sec. 5. Section 144C.6, subsection 2, unnumbered paragraph
301, Code 2017, is amended to read as follows:
31A declaration executed pursuant to this chapter shall
32be in a written form that substantially complies with the
33form in subsection 1, is properly completed, is contained
34in or attached to a durable power of attorney for health
35care under chapter 144B, and is dated and signed by the
-2-1declarant or another person acting on the declarant’s behalf
2at the direction of and in the presence of the declarant. In
3addition, a declaration shall be either of the following:
4 Sec. 6. APPLICABILITY. This Act applies to a declaration
5executed by a declarant pursuant to the provisions of this Act
6on or after the effective date of this Act.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill provides that a written declaration executed
11by a person naming a designated adult to make decisions
12concerning the final disposition of the person’s remains and
13the ceremonies planned after the person’s death is not required
14to be contained in or attached to a durable power of attorney
15for health care. A coordinating change is made in Code section
16144B.1(2).
17The bill also provides that while such a declaration
18otherwise gives the designee sole responsibility and discretion
19for making such decisions, the declaration may include a
20directive indicating whether the declarant does or does not
21want to be cremated. If the declaration includes such a
22directive, the designee does not have discretion to make a
23different decision concerning cremating or not cremating the
24declarant’s remains. The bill provides that the written form
25of the declaration shall include alternative statements, one of
26which shall be initialed by the declarant, indicating whether
27the declarant wants the declarant’s remains to be cremated, not
28to be cremated, or wants to allow the designee to make that
29decision.
30The provisions of the bill are applicable to declarations
31executed by a declarant on or after the effective date of the
32bill.
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2disposition of a person’s remains and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144B.1, subsection 2, Code 2017, is
2amended to read as follows:
32. “Designee” means a person named in a declaration under
4chapter 144C that is contained in or attached to a durable
5power of attorney for health care.
6 Sec. 2. Section 144C.2, subsection 8, Code 2017, is amended
7to read as follows:
88. “Declaration” means a written instrument, contained in or
9attached to a durable power of attorney for health care under
10chapter 144B, that is executed by a declarant in accordance
11with the requirements of this chapter, and that names a
12designee who shall have the sole responsibility and discretion
13for making decisions concerning the final disposition of the
14declarant’s remains and the ceremonies planned after the
15declarant’s death, except as provided in section 144C.3,
16subsection 1.
17 Sec. 3. Section 144C.3, subsections 1 and 2, Code 2017, are
18amended to read as follows:
191. A declaration shall name a designee who shall have
20the sole responsibility and discretion for making decisions
21concerning the final disposition of the declarant’s remains and
22the ceremonies planned after the declarant’s death. However, a
23declaration may include a directive that the declarant does or
24does not want to be cremated. A designee shall not authorize
25cremation when a declaration includes a directive that the
26declarant does not want to be cremated or authorize alternative
27arrangements when a declaration includes a directive that the
28declarant wants to be cremated. A declaration may name one or
29more alternate designees and may include contact information
30for the designees and alternate designees.
312. A declaration shall not include directives for final
32disposition of the declarant’s remains and shall not include
33arrangements for ceremonies planned after the declarant’s
34death, except as provided in subsection 1.
35 Sec. 4. Section 144C.6, subsection 1, Code 2017, is amended
-1-1to read as follows:
21. A declaration executed pursuant to this chapter may but
3need not be in the following form:
4I hereby designate .......... as my designee. My designee
5shall have the sole responsibility for making decisions
6concerning the final disposition of my remains and the
7ceremonies to be performed after my death.
8(One of the following shall be initialed by the declarant)
9___ I want my remains to be cremated.
10___ I do not want my remains to be cremated.
11___ I want to allow the person with the right to control
12final disposition of my remains to decide whether to cremate
13my remains or to make alternative arrangements for disposition
14of my remains.
15This declaration hereby revokes all prior declarations.
16This designation becomes effective upon my death.
17My designee shall act in a manner that is reasonable under
18the circumstances.
19I may revoke or amend this declaration at any time. I
20agree that a third party (such as a funeral or cremation
21establishment, funeral director, or cemetery) who receives a
22copy of this declaration may act in reliance on it. Revocation
23of this declaration is not effective as to a third party until
24the third party receives notice of the revocation. My estate
25shall indemnify my designee and any third party for costs
26incurred by them or claims arising against them as a result of
27their good faith reliance on this declaration.
28I execute this declaration as my free and voluntary act.
29 Sec. 5. Section 144C.6, subsection 2, unnumbered paragraph
301, Code 2017, is amended to read as follows:
31A declaration executed pursuant to this chapter shall
32be in a written form that substantially complies with the
33form in subsection 1, is properly completed, is contained
34in or attached to a durable power of attorney for health
35care under chapter 144B, and is dated and signed by the
-2-1declarant or another person acting on the declarant’s behalf
2at the direction of and in the presence of the declarant. In
3addition, a declaration shall be either of the following:
4 Sec. 6. APPLICABILITY. This Act applies to a declaration
5executed by a declarant pursuant to the provisions of this Act
6on or after the effective date of this Act.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill provides that a written declaration executed
11by a person naming a designated adult to make decisions
12concerning the final disposition of the person’s remains and
13the ceremonies planned after the person’s death is not required
14to be contained in or attached to a durable power of attorney
15for health care. A coordinating change is made in Code section
16144B.1(2).
17The bill also provides that while such a declaration
18otherwise gives the designee sole responsibility and discretion
19for making such decisions, the declaration may include a
20directive indicating whether the declarant does or does not
21want to be cremated. If the declaration includes such a
22directive, the designee does not have discretion to make a
23different decision concerning cremating or not cremating the
24declarant’s remains. The bill provides that the written form
25of the declaration shall include alternative statements, one of
26which shall be initialed by the declarant, indicating whether
27the declarant wants the declarant’s remains to be cremated, not
28to be cremated, or wants to allow the designee to make that
29decision.
30The provisions of the bill are applicable to declarations
31executed by a declarant on or after the effective date of the
32bill.
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