2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 2. General Provisions
Subchapter III. Disposition of a Person’s Last Remains
§ 260 Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Adult” means a natural person 18 years of age or older.
(2) “Declarant” means a competent adult who signs a declaration pursuant to the provisions of this article.
(3) “Declaration instrument” means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. Such a declaration may be made within a prepaid funeral, burial, or cremation contract with a mortuary or crematorium.
(4) “Interested person” means the deceased's spouse, parent, adult child, sibling, grandchild, and other person designated in a declaration instrument.
(5) “Last remains” means the deceased's body or cremains after death.
(6) “Reasonable under the circumstances”, applied to the declarant's instructions, means appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. “Reasonable under the circumstances” implies consideration of factors that include, but are not limited to, a prepaid funeral, burial or cremation plan of the declarant; the size of the declarant's estate; the declarant's cultural or family customs; the declarant's religious or spiritual beliefs; and the known or reasonably ascertainable creditors of the declarant.
(7) a. “Third party” means a person:
1. Who is requested by a declaration instrument to act in good faith in reliance upon such instrument;
2. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument under § 264 of this title; or
3. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument.
b. “Third party” includes, but is not limited to, a funeral director, mortician, mortuary, crematorium, or cemetery.
(8) “Unreasonable” means an act that is clearly unreasonable, pursuant to the definition of “reasonable under the circumstances” under paragraph (6) of this section.