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