Disposition of Remains

Sometimes, there are stressful situations if family members can't agree on the disposition of the decedent’s remains or other funeral arrangements. Iowa law now allows one to sign a declaration that designates a person to have the sole responsibility for making decisions concerning final disposition of remains (e.g. burial, interment or cremation) and the ceremonies to be performed after death.

The authority of the person designated does not override the rights of a person to whom an anatomical gift was lawfully made during the decedent's lifetime. One may also designate in the declaration the location of any pre-paid funeral contracts or the location of cemetery lots.

These declarations are executed in the same manner as a medical power of attorney and the declaration must be included within a medical power of attorney or be attached to a medical power of attorney that was previously signed. It can always be revoked or changed and only becomes effective upon death.

The fact that there is a declaration in effect doesn't prohibit other family members from conducting a separate ceremony at their own expense to commemorate the decedent in order to assist in the bereavement process. The law provides that the designated person’s authority can be forfeited under certain circumstances, including the failure to make necessary decisions within a very short timeframe specified in the law. Finally, if there is no declaration in effect, the law now provides a list setting forth the order of whom has the right to control the final disposition of remains, starting with the non- legally separated spouse, then children, etc.