58-9-602 - Determination of control of disposition.
58-9-602. Determination of control of disposition.
The right and duty to control the disposition of a deceased person, including the location,manner and conditions of the disposition, and arrangements for funeral goods and services to beprovided vest in the following degrees of relationship in the order named, provided the person isat least 18 and is mentally competent:
(1) a person designated:
(a) in a written instrument, excluding a power of attorney that terminates at death underSections 75-5-501 and 75-5-502, if the written instrument contains:
(i) the name and address of the decedent;
(ii) the name and address of the person designated under this Subsection (1)(a);
(iii) directions that the person designated in this Subsection (1) is authorized to carry outthe disposition of the decedent's remains;
(iv) the signature of the decedent;
(v) the signatures of at least two unrelated individuals who are not the person designatedunder this Subsection (1), each of whom signed within a reasonable time after witnessing thesigning of the form by the decedent; and
(vi) the date or dates the written instrument was prepared and signed; or
(b) by a service member while serving in a branch of the United States Armed Forces asdefined in 10 U.S.C. Sec. 1481 in a federal Record of Emergency Data, DD Form 93 orsubsequent form;
(2) the surviving, legally recognized spouse of the decedent;
(3) (a) the sole surviving child of the decedent, or if there is more than one child of thedecedent, the majority of the surviving children;
(b) less than one-half of the surviving children are vested with the rights of this section ifthey have used reasonable efforts to notify all other surviving children of their instructions andare not aware of any opposition to those instructions on the part of more than one-half of allsurviving children;
(4) the surviving parent or parents of the decedent, and if one of the surviving parents isabsent, the remaining parent is vested with the rights and duties of this section after reasonableefforts have been unsuccessful in locating the absent surviving parent;
(5) (a) the surviving brother or sister of the decedent, or if there is more than one siblingof the decedent, the majority of the surviving siblings;
(b) less than the majority of surviving siblings are vested with the rights and duties ofthis section if they have used reasonable efforts to notify all other surviving siblings of theirinstructions and are not aware of any opposition to those instructions on the part of more thanone-half of all surviving siblings;
(6) the person in the classes of the next degree of kinship, in descending order, under thelaws of descent and distribution to inherit the estate of the decedent, and if there is more than oneperson of the same degree, any person of that degree may exercise the right of disposition;
(7) any public official charged with arranging the disposition of deceased persons; and
(8) in the absence of any person under Subsections (1) through (7), any other personwilling to assume the responsibilities to act and arrange the final disposition of the decedent'sremains, including the personal representative of the decedent's estate or the funeral servicedirector with custody of the body, after attesting in writing that a good faith effort has been madeto no avail to contact the individuals referred to in Subsections (1) through (7).
Amended by Chapter 251, 2010 General Session