Current through the 2024 Fourth Special Session
Section 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;(c) providing directions for cremation arrangements; or(d) providing directions for alkaline hydrolysis 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 326, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 364, 2013 General Session ,§ 2, eff. 5/14/2013.Amended by Chapter 274, 2012 General Session ,§ 1, eff. 5/8/2012.Enacted by Chapter 49, 2003 General Session