Delaware Code Title 12 Sec. 263 – Reliance upon declaration instruments
(a) A third party who acts in good faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a fully competent and living person. Such third party shall not be subject to criminal liability or regulatory sanction for such reliance.
Terms Used In Delaware Code Title 12 Sec. 263
- Declarant: means a competent adult who signs a declaration pursuant to the provisions of this article. See Delaware Code Title 12 Sec. 260
- Declaration instrument: means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. See Delaware Code Title 12 Sec. 260
- Last remains: means the deceased's body or cremains after death. See Delaware Code Title 12 Sec. 260
- Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
- Third party: includes , but is not limited to, a funeral director, mortician, mortuary, crematorium, or cemetery. See Delaware Code Title 12 Sec. 260
- Unreasonable: means an act that is clearly unreasonable, pursuant to the definition of "reasonable under the circumstances" under paragraph (6) of this section. See Delaware Code Title 12 Sec. 260
(b) A third party who deals with a declaration instrument may presume in the absence of actual knowledge to the contrary:
(1) That the declaration instrument was validly executed; and
(2) That the declarant was competent at the time the instrument was executed.
(c) A third party who reasonably relies on a declaration instrument shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant’s instructions in the declaration instrument.
(d) The directions of a declarant expressed in a declaration instrument shall be binding on all persons as if the declarant were alive and competent.
(e) A third party who has reasonable cause to question the authenticity or validity of a declaration instrument may promptly and reasonably seek additional information from the person proffering such declaration or from other involved persons. A third party may require exhibition of the original declaration instrument or a notarized copy.
(f) A third party seeking to fulfill a declarant’s intent regarding disposition of last remains or ceremonial arrangements may disregard such intent if such intent is unreasonable under the circumstances.