§ 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; or

(c) providing directions for cremation 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 364, 2013 General Session