Title 58 Chapter 9 Section 601

Occupations and Professions
Funeral Services Licensing Act
Section 601
Advance directions.


58-9-601.   Advance directions.

            (1) A person may provide written directions, acknowledged before a Notary Public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person's disposition, including:

            (a) designating a funeral service establishment;

            (b) providing directions for burial arrangements; or

            (c) providing directions for cremation arrangements.

            (2) A funeral service director shall carry out the written directions of the decedent prepared under this section to the extent that:

            (a) the directions are lawful; and

            (b) the decedent has provided resources to carry out the directions.

            (3) Directions for disposition contained in a will shall be carried out pursuant to Subsection (2) regardless of:

            (a) the validity of other aspects of the will; or

            (b) the fact that the will may not be offered or admitted to probate until a later date.

            (4) A person may change or cancel written directions prepared under this section at any time prior to the person's death by providing written notice to all applicable persons, including:

            (a) if the written directions designate a funeral service establishment or funeral service director, the funeral service establishment or funeral service director designated in the written directions; and

            (b) if the written directions are contained in a will, the personal representative as defined in Section 75-1-201.

Amended by Chapter 364, 2013 General Session