144C.6 - DECLARATION OF DESIGNEE -- FORM -- REQUIREMENTS.
144C.6 DECLARATION OF DESIGNEE -- FORM --
REQUIREMENTS.
1. A declaration executed pursuant to this chapter may but need
not be in the following form:
"I hereby designate .......... as my designee. My designee shall
have the sole responsibility for making decisions concerning the
final disposition of my remains and the ceremonies to be performed
after my death. This declaration hereby revokes all prior
declarations. This designation becomes effective upon my death.
My designee shall act in a manner that is reasonable under the
circumstances.
I may revoke or amend this declaration at any time. I agree that
a third party (such as a funeral or cremation establishment, funeral
director, or cemetery) who receives a copy of this declaration may
act in reliance on it. Revocation of this declaration is not
effective as to a third party until the third party receives notice
of the revocation. My estate shall indemnify my designee and any
third party for costs incurred by them or claims arising against them
as a result of their good faith reliance on this declaration.
I execute this declaration as my free and voluntary act."
2. A declaration executed pursuant to this chapter shall be in a
written form that substantially complies with the form in subsection
1, is properly completed, is contained in or attached to a durable
power of attorney for health care under chapter 144B, and is dated
and signed by the declarant or another person acting on the
declarant's behalf at the direction of and in the presence of the
declarant. In addition, a declaration shall be either of the
following:
a. Signed by at least two individuals who are not named
therein and who, in the presence of each other and the declarant,
witnessed the signing of the declaration by the declarant, or another
person acting on the declarant's behalf at the direction of and in
the presence of the declarant, and witnessed the signing of the
declaration by each other.
b. Acknowledged before a notarial officer.
3. A declaration may include the location of an agreement for
prearranged funeral services or funeral merchandise as defined in and
executed under chapter 523A, cemetery lots owned by or reserved for
the declarant, and special instructions regarding organ donation
consistent with chapter 142C. Section History: Recent Form
2008 Acts, ch 1051, §11, 22