58-9-601 - Advance directions.
58-9-601. Advance directions.
(1) A person may provide written directions meeting the requirements of Subsection (2)to direct the preparation, type, and place of the person's disposition, including:
(a) designating a funeral service establishment;
(b) providing directions for burial arrangements; or
(c) providing directions for cremation arrangements.
(2) The written directions described in Subsection (1) shall contain:
(a) the name and address of the decedent;
(b) written directions regarding the decedent's disposition;
(c) the signature of the decedent;
(d) the signatures of at least two unrelated individuals, each of whom signed within areasonable time after witnessing the signing of the form by the decedent; and
(e) the date or dates the written directions were prepared and signed.
(3) A funeral service director shall carry out the written directions of the decedentprepared under this section to the extent that:
(a) the directions are lawful; and
(b) the decedent has provided resources to carry out the directions.
(4) Directions for disposition contained in a will shall be carried out pursuant toSubsection (3) 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.
(5) A person may change or cancel written directions prepared under this section at anytime 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 servicedirector, the funeral service establishment or funeral service director designated in the writtendirections; and
(b) if the written directions are contained in a will, the personal representative as definedin Section 75-1-201.
Enacted by Chapter 49, 2003 General Session