§ 15-19-104 — Declaration of disposition of last remains

(1) The declarant may
specify, in a declaration, any one or more of the following:

(a) The disposition to be made of the declarant's last remains;

(b) The person appointed to direct the disposition of the declarant's last
remains;

(c) The ceremonial arrangements to be performed after the declarant's
death;

(d) The person appointed to direct the ceremonial arrangements after the
declarant's death;

(e) The rights, limitations, immunities, and other terms of third parties
dealing with the declaration.

(2) (Deleted by amendment, L. 2006, p. 898, � 3, effective August 7, 2006.)

(3) (a) (I) The provisions of the most recent declaration shall control over any
other document regarding the disposition of the declarant's last remains.

(II) (A) Notwithstanding the provisions of subsection (3)(a)(I) of this section, if
the declarant is a member of the United States armed forces or the United States
reserve forces or a member of a state National Guard called into federal service
and the declarant has executed a federal record of emergency data that is valid
and enforceable at the time of the declarant's death, then the federal record of
emergency data shall control over any other declaration concerning the person
authorized to direct the disposition of the declarant's last remains, even if the
federal record of emergency data was executed prior to the execution of the most
recent declaration pursuant to this part 1. The person authorized to direct
disposition of the decedent's last remains pursuant to the federal record of
emergency data shall do so in accordance with the provisions for the disposition of
the remains and the ceremonial arrangements made by the declarant in his or her
most recent declaration concerning his or her disposition and ceremonial
arrangements.

(B) For purposes of sub-subparagraph (A) of this subparagraph (II), a federal
record of emergency data is valid and enforceable for any declarant who is a
covered decedent at the time of his or her death, pursuant to 10 U.S.C. sec. 1481, or
any successor section concerning recovery, care, and disposition of remains.

(b) This part 1 shall govern all current and prior declarations.

(c) If article 135 of title 12 conflicts with this part 1, this part 1 shall govern.

(4) (Deleted by amendment, L. 2006, p. 898, � 3, effective August 7, 2006.)

(5) A declaration shall be signed and dated by the declarant and may be
notarized or witnessed in writing by at least one adult who confirms that he or she
was present when the declarant signed the declaration.

Legislative History

Source: L. 2003: Entire article added, p. 1350, � 1, effective August 6. L. 2006: Entire section amended, p. 898, � 3, effective August 7. L. 2010: (3)(a) amended, (SB 10-047), ch. 166, p. 585, � 3, effective August 11. L. 2017: (3)(a)(II)(A), (3)(b), and (3)(c) amended, (SB 17-223), ch. 158, p. 559, � 12, effective August 9. L. 2019: (3)(c) amended, (HB 19-1172), ch. 136, p. 1670, � 83, effective October 1.