Disposition of Last Remains

Well, times have changed since I first wrote about the disposition of dead bodies. It used to be that an individual could not control what happened to his or her body after death. Well, that has changed.

Colorado’s Disposition of Last Remains Act

Several years ago, Colorado enacted the Disposition of Last Remains Act. In Colorado, an individual has the right and power to direct the disposition of his or her remains after death. This changed the previous law that allowed interested persons (usually family members) to interpose their wishes upon the deceased.

The Written Declaration

To take advantage of this right requires a validly executed, written declaration. A written declaration is required to protect third parties who carry out the deceased’s wishes. A third party who in good faith relies upon a written declaration is not subject to civil liability to any greater extent than if the third party was dealing directly with the deceased.

A declaration as to disposition of last remains does not require an acknowledgment (notarization). However, an acknowledgment is recommended to avoid any dispute about the authenticity of the declaration.

The document itself may make a disposition of the individual’s last remains and detail the ceremonial arrangements. The declaration may identify the person who is authorized to carry out those wishes or identify the person who has the right and power to determine the disposition of the last remains.

Now, for those of you who remember the movie Lonesome Dove starring Robert Duvall as the mortally wounded Gus McCrae and Tommy Lee Jones as the obliging Woodrow Call, there are limits to last requests. Just because Gus wants to be buried a thousand miles farther south under a shade tree in Texas doesn’t mean Woodrow, as the person designated to dispose of the last remains, has to oblige him. A third party seeking to fulfill the declarant’s intent regarding disposition of last remains or funeral arrangements may disregard such intent if the intent is unreasonable under the circumstances. I guess that probably nixes my request for a Viking funeral upon lake Dillon – way too many EPA permits.