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.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS
Section 54-1101 - PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES.
Section 54-1102 - DEFINITIONS.
Section 54-1103 - PERSONS REQUIRED TO HAVE LICENSES.
Section 54-1104 - EXEMPTIONS FROM PROVISIONS OF CHAPTER.
Section 54-1105 - BOARD OF MORTICIANS.
Section 54-1106 - POWERS AND DUTIES OF BOARD.
Section 54-1107 - POWERS AND DUTIES OF DIVISION ADMINISTRATOR.
Section 54-1108 - EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS.
Section 54-1110 - INACTIVE LICENSES.
Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.
Section 54-1115 - LICENSE FEES.
Section 54-1115A - ANNUAL RENEWAL — REINSTATEMENT.
Section 54-1116 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSES — GROUNDS — PROBATION.
Section 54-1117 - WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.
Section 54-1121 - ACCOUNTING PROCEDURE — INCOME AND EXPENSES.
Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.
Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.
Section 54-1129 - DECLARATION OF INTENT.
Section 54-1130 - SCOPE AND EXCEPTIONS.
Section 54-1131 - DEFINITIONS.
Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.
Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.
Section 54-1134 - PREARRANGEMENT TRUST FUND DEPOSITS.
Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.
Section 54-1136 - SOLICITATION — LIMITATIONS.
Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.
Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.
Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.
Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.
Section 54-1141 - SURVIVOR’S SERVICES.
Section 54-1142 - AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN.