1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant‘s remains and the ceremonies planned after the declarant’s death. A declaration may name one or more alternate designees and may include contact information for the designees and alternate designees.

Terms Used In Iowa Code 144C.3

  • Adult: means a person who is married or who is eighteen years of age or older. See Iowa Code 144C.2
  • Assisted living program: means an assisted living program under chapter 231C. See Iowa Code 144C.2
  • Declarant: means a competent adult who executes a declaration pursuant to this chapter. See Iowa Code 144C.2
  • Declaration: means a written instrument that is executed by a declarant in accordance with the requirements of this chapter, and that names a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant's remains and the ceremonies planned after the declarant's death. See Iowa Code 144C.2
  • Designee: means a competent adult designated under a declaration who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant's remains and the ceremonies planned after the declarant's death. See Iowa Code 144C.2
  • Elder group home: means elder group home as defined in section 231B. See Iowa Code 144C.2
  • Final disposition: means the burial, interment, cremation, removal from the state, or other disposition of remains. See Iowa Code 144C.2
  • Licensed hospice program: means a licensed hospice program as defined in section 135J. See Iowa Code 144C.2
  • Person: means a natural person. See Iowa Code 154A.1
  • Reasonable under the circumstances: means consideration of what is appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. See Iowa Code 144C.2
  • Remains: means the body or cremated remains of a decedent. See Iowa Code 144C.2
  • Third party: includes but is not limited to a funeral director, funeral establishment, cremation establishment, cemetery, the state medical examiner, or a county medical examiner. See Iowa Code 144C.2
 2. A declaration shall not include directives for final disposition of the declarant’s remains and shall not include arrangements for ceremonies planned after the declarant’s death.
 3. A designee, an alternate designee, and a third party shall act in good faith and in a manner that is reasonable under the circumstances.
 4. A funeral director, an attorney, or any agent, owner, or employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless married to the declarant or related to the declarant within the third degree of consanguinity.
 5. This section shall not be construed to permit a person who is not licensed pursuant to chapter 156 to make funeral arrangements.
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