Preplanning Resources

Did you know that Iowa Law allows you to decide who can authorize your cremation or burial, ahead of time?

Without appointing a disposition designee ahead of time, your legal next-of-kin according to Iowa Law Code, Chapter 144C is the person/persons (if there is more than one member of the surviving class) responsible for making decisions about cremation, burial, and any ceremonies held after death.

Per the "Final Disposition Act" of the Iowa Code that order is:

• Designee for Final Disposition
• Spouse (if not legally separated)
• Adult Child(ren)
• Parent(s)
• Adult Grandchild(ren)
• Adult Sibling(s)
• Grandparent(s)
• Legal Next of Kin – named to inherit the estate
• Friend – willing to assume liability and financial responsibility
• Medical Examiner
• Court Order

If there are multiple individuals in the applicable surviving class, ALL of those individuals have equal rights under the law to make decisions about your funeral or memorial services and whether you are cremated or buried.  Appointing a legal designee eliminates potential disagreement or discord amongst your surviving family members, because you get to choose exactly who is in charge after your death.

POWER OF ATTORNEY ENDS AT DEATH...as soon as death occurs, whoever you have named as your power of attorney NO LONGER has the ability to make authorizations for your disposition (burial or cremation) or to enter contracts on your behalf.  These responsibilities fall to the legal next-of-kin, per Iowa Law.

ENSURE YOUR WISHES ARE HONORED...a legal designee for disposition form can include the names and contact information for a trusted individual and a secondary individual, who you can name now, while you are living, to fulfill your wishes for burial or cremation and any ceremonies you prefer.  Pick someone you trust and have the peace of mind that your wishes will be carried out, just as you intended.