TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 11

MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS

54-1139.  Instructions for disposition of person’s remains. (1) A person may provide written instructions as part of a prearranged funeral plan for disposition of the person’s remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instructions, as provided in section 54-1133, Idaho Code.

(2)  As used in this section, "prearranged funeral plan" means a plan:

(a)  For the final disposition of a person’s remains; and

(b)  That has been funded in advance of the death of the person leaving instructions for the disposition of that person’s remains.

(3)  A person, as part of a prearranged funeral plan, shall have the authority to sign all necessary or required forms, authorizations or agreements pertaining to the disposition of his remains including, but not limited to, a cremation authorization form.

(4)  A person, as part of a prearranged funeral plan, may designate a person to make decisions regarding any substitutions under section 54-1137, Idaho Code.

(5)  To the extent any provisions relating to the disposition of a person’s remains are not clearly covered in a prearranged funeral plan, then the provisions of section 54-1142, Idaho Code, shall apply. The mere ownership of a burial plot, with or without a headstone or marker, does not constitute a prearranged funeral plan.

History:

[54-1139, added 1994, ch. 423, sec. 1, p. 1329; am. 2009, ch. 51, sec. 1, p. 132.]