2006 Utah Code - 58-9-602 — Determination of control of disposition.

     58-9-602.   Determination of control of disposition.
     The right and duty to control the disposition of a deceased person, including the location and conditions of the disposition, vest in the following degrees of relationship in the order named:
     (1) a person designated in a written instrument, excluding a power of attorney that terminates at death under Sections 75-5-501 and 75-5-502, if the written instrument contains:
     (a) the name and address of the decedent;
     (b) the name and address of the person designated under this Subsection (1);
     (c) the signature of the decedent;
     (d) the signatures of at least two unrelated individuals who are not the person designated under this Subsection (1), each of whom signed within a reasonable time after witnessing the signing of the form by the decedent; and
     (e) the date or dates the written instrument was prepared and signed;
     (2) the surviving, legally recognized spouse of the decedent;
     (3) the surviving child or the majority of the surviving children of the decedent over the age of 18;
     (4) the unanimous consent of the surviving parent, parents, or lawful custodian of the decedent;
     (5) the person or persons in the next degree of succession under Title 75, Chapter 2, Intestate Succession and Wills;
     (6) any public official charged with arranging the disposition of deceased persons;
     (7) a person or persons whom the funeral service director reasonably believes is entitled to control the disposition; and
     (8) in the absence of any person under Subsections (1) through (7), any person willing to assume the right and duty to control the disposition.

Enacted by Chapter 49, 2003 General Session