Occupations and Professions
Funeral Services Licensing Act
Section 601
Advance directions.
     58-9-601.   Advance directions.
     (1) A person may provide written directions meeting the requirements of Subsection (2) 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) The written directions described in Subsection (1) shall contain:
     (a) the name and address of the decedent;
     (b) written directions regarding the decedent's disposition;
     (c) the signature of the decedent;
     (d) the signatures of at least two unrelated individuals, each of whom signed within a reasonable time after witnessing the signing of the form by the decedent; and
     (e) the date or dates the written directions were prepared and signed.
     (3) 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.
     (4) Directions for disposition contained in a will shall be carried out pursuant to Subsection (3) 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.
     (5) 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.

Enacted by Chapter 49, 2003 General Session
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