Iowa Code

Iowa Code § 144C.3 (2026)

Declaration — designee

✓ current as of July 2026
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1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death. A declaration may name one or more alternate designees and may include contact information for the designees and alternate designees. 2. A declaration shall not include directives for final disposition of the declarant’s remains and shall not include arrangements for ceremonies planned after the declarant’s death. 3. A designee, an alternate designee, and a third party shall act in good faith and in a manner that is reasonable under the circumstances. 4. A funeral director, an attorney, or any agent, owner, or employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless married to the declarant or related to the declarant within the third degree of consanguinity. 5. This section shall not be construed to permit a person who is not licensed pursuant to chapter 156 to make funeral arrangements. 2008 Acts, ch 1051, §8, 22; 2008 Acts, ch 1191, §124; 2009 Acts, ch 133, §46; 2020 Acts, ch 1025, §3

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Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013).
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). · cites it 18× “§ 144C.3(1). The plain language of the Act thereby permits a person to designate someone to make burial decisions, yet does not require the chosen designee to follow the decedent’s wishes.”
— Iowa Code § 144C.3(1) — 1 case
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). “§ 144C.3(1). The plain language of the Act thereby permits a person to designate someone to make burial decisions, yet does not require the chosen designee to follow the decedent’s wishes.”
— Iowa Code § 144C.3(2) — 1 case
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). “§ 144C.3(1). The plain language of the Act thereby permits a person to designate someone to make burial decisions, yet does not require the chosen designee to follow the decedent’s wishes.”
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