58-9-601.  Advance directions.

(1)  A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person’s disposition, including:

Terms Used In Utah Code 58-9-601

  • Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102
  • Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
  • Decedent: A deceased person.
  • Disposition: means the final disposal of a dead human body by:
(a) earth interment;
(b) above ground burial;
(c) cremation;
(d) calcination;
(e) alkaline hydrolysis;
(f) burial at sea;
(g) delivery to a medical institution; or
(h) other lawful means. See Utah Code 58-9-102
  • Funeral service: means a service, rite, or ceremony performed:
    (a) with respect to the death of a human; and
    (b) with the body of the deceased present. See Utah Code 58-9-102
  • Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
  • Funeral service establishment: includes :
    (i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
    (ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
  • Person: means :Utah Code 68-3-12.5
  • Probate: Proving a will
  • (a)  designating a funeral service establishment;

    (b)  providing directions for burial arrangements;

    (c)  providing directions for cremation arrangements; or

    (d)  providing directions for alkaline hydrolysis arrangements.
  • (2)  A funeral service director shall carry out the written directions of the decedent prepared under this section to the extent that:

    (a)  the directions are lawful; and

    (b)  the decedent has provided resources to carry out the directions.

    (3)  Directions for disposition contained in a will shall be carried out pursuant to Subsection (2) regardless of:

    (a)  the validity of other aspects of the will; or

    (b)  the fact that the will may not be offered or admitted to probate until a later date.

    (4)  A person may change or cancel written directions prepared under this section at any time prior to the person’s death by providing written notice to all applicable persons, including:

    (a)  if the written directions designate a funeral service establishment or funeral service director, the funeral service establishment or funeral service director designated in the written directions; and

    (b)  if the written directions are contained in a will, the personal representative as defined in Section 75-1-201.

    Amended by Chapter 326, 2018 General Session