§ 68-4-106 — Resolution of conflict regarding the person authorized to direct disposition of remains in the event of death when military personnel in a duty status

(a) As used in this section, "DD Form 93" means the form used by the department of defense as a record of emergency data required to be completed by military personnel, a portion of which is used by military personnel to designate the person authorized to direct disposition of their remains (PADD) in the event of death when military personnel are in a duty status as defined in 10 U.S.C. § 1481 . (b) If a member of the military has executed any of the following documents: (1) A durable power of attorney for health care executed pursuant to title 34, chapter 6, part 2; (2) An advance directive executed pursuant to chapter 11, part 18 of this title; (3) A donor card or other directive executed pursuant to the Revised Uniform Anatomical Gift Act, compiled in chapter 30, part 1 of this title; (4) A living will, executed pursuant to title 32, chapter 11; (5) A will executed pursuant to title 32 or validly executed pursuant to any other law; or (6) Any other document properly executed pursuant to law relating to the disposition of the person's remains; and such member of the military has also executed a DD Form 93, then notwithstanding the provisions of law identified in subdivisions (b)(1)-(6) or documents executed thereunder, if there is a conflict between the person designated in any document identified in subdivisions (b)(1)-(6) and the PADD in the DD Form 93, the PADD designated in the DD Form 93 shall be the person to make the decisions concerning the disposition of the remains of the member of the military executing the DD Form 93 when a member of the military is in a duty status defined in 10 U.S.C. § 1481 .

Legislative History

Acts 2010 , ch. 702, § 1.