This text of Iowa § 144C.6 (Declaration of designee — form — requirements) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
§144C.6, FINAL DISPOSITION ACT 4
actinrelianceonit. Revocationofthisdeclaration
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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
§144C.6, FINAL DISPOSITION ACT 4
actinrelianceonit. Revocationofthisdeclarationisnoteffectiveas
toathirdpartyuntilthethirdpartyreceivesnoticeoftherevocation.
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, 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 as provided in chapter 9B.
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.
4. A declaration for disposition of remains made by a service member who died while
performingmilitarydutyasdefinedinsection29A.1, subsection3, 8, or12, onformsprovided
and authorized by the department of defense for service members for this purpose shall
constitute a valid declaration of designee for purposes of this chapter.