Colorado § 15-19-105 Reliance - declarations

Colorado Statutes

§ 15-19-105 — Reliance - declarations

Colorado·Title 15 Probate,·Art. Treatment of Human Bodies After Death

(1)(a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance.

(b)(I) A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary:

(A)That the declaration was validly executed;

(B)That the declarant was competent when the instrument was executed; and

(C)That the declaration has not been revoked.

(II)A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instru

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(1) (a) A third party who provides for the
lawful disposition of a declarant's remains in reliance on a declaration that appears
to be legally executed shall not be subject to civil liability or administrative
discipline for such reliance.

(b) (I) A third party, when presented with a declaration, may presume in the
absence of actual knowledge to the contrary:

(A) That the declaration was validly executed;

(B) That the declarant was competent when the instrument was executed;
and

(C) That the declaration has not been revoked.

(II) A third party who provides for the lawful disposition of a declarant's
remains in reliance on a declaration shall not be civilly or criminally liable for the
proper application of property delivered or surrendered to comply with the
declarant's instructions in the declaration.

(2) A declaration shall be binding on all persons with an interest in the
disposition of the declarant's remains. Section 15-19-106 (1) shall not vest a right to
control disposition or ceremonial arrangements that conflict with those made by a
declaration. If the declaration conflicts with the directions of any other person, the
declaration shall control, and a third party shall provide for the lawful disposition
according to the declaration so long as:

(a) No challenge to the validity of the declaration exists under subsection (3)
of this section; and

(b) The deceased provided the resources necessary to carry out the
disposition.

(3) A challenge to the validity of the declaration or the competency of the
declarant when the declaration was executed shall be resolved by the probate
court. A third party who knows a declaration has been challenged shall not be liable
for refusing to accept, inter, cremate, or otherwise dispose of a declarant's remains
until the third party receives a court order or other reasonable confirmation that the
challenge has been resolved or settled.

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