(a) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have that declarant’s own declaration instrument executed pursuant to this subchapter and recognized to the fullest extent possible by other states.

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Terms Used In Delaware Code Title 12 Sec. 270

  • 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
  • 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101

(b) Unless otherwise provided in the declaration instrument, a declaration instrument or similar instrument executed in another state that complies with the requirements of this subchapter may, in good faith, be relied upon by a third party in this State if an action requested by such declarant does not violate any law of the federal government, Delaware, or a political subdivision.

74 Del. Laws, c. 295, § ?1; 70 Del. Laws, c. 186, § ?1;