PLANNING AHEAD TO HELP THE ONES YOU LOVE

–FINAL DISPOSITION DECLARATIONS–

 All of the world’s great religious faiths teach the importance of planning – out of love –­ to help our families and those who will be left when our time on this earth is at an end. At the Powell Law Firm, we have been part of that planning process for thousands of families. While most people are familiar with wills, living wills, and powers of attorney, they may not be aware of Final Disposition Directives.

In 2008, the Iowa legislature enacted the Final Disposition Act. This statute provides for an advance directive to cover that period between when an individual dies and when the person’s will or estate is probated. It was meant to solve disputes between family members as to how to deal with the final arrangements and the remains of the deceased. It specifically gives great power to the person who has died by giving them the authority to designate somebody to handle that person’s final arrangements. In Iowa, the document is a normally a simple one page document entitled, "Final Disposition Declaration." The contents of the declaration are specifically mandated by the statute.

Where should I keep my Final Disposition Declaration?

Iowa law expressly requires that the Final Disposition Declaration must be "contained in or attached to a durable power of attorney for health care." The reason for this requirement is to help ensure that the Final Disposition Declaration is immediately accessible for time sensitive end of life decision-making.

What if I change my mind and want to designate a different person as my designee?

To revoke or change a Final Disposition Declaration, you must make a declaration in writing which is signed by you and state that you want the declaration revoked. You can then execute a new Final Dispositon Declaration. Further, if you get divorced, that constitutes an automatic revocation of a spouse as your designee. Finally, a declaration will be ineffective if your designee is unable or unwilling to serve as the designee.

Is there any way that my designee’s authority can be forfeited?

The designee can forfeit the right to act under your declaration if one of two circumstances occurs. First, if your designee is charged with murdering you or is charged with voluntary manslaughter of you, then this declaration is forfeited. No conviction is required because that would only come months later. Second, if your designee does not exercise his or her authority within 24 hours of receiving notification of your death or within 40 hours of your death, whichever is earlier, then the designee’s authority is also forfeited. That is why it is critical that the Final Disposition Declaration be immediately available.

Is my declaration valid in any state besides Iowa?

Yes, it is valid in all states of United States, the District of Columbia, and all territorial possessions of United States. This is because the United States Constitution requires that the laws of one state shall have the full force and effect of law in all other states.

What if I donate my organs or my body as an anatomical gift?

Iowa law provides that the rights of a medical college or other recipient of an anatomical gift are superior to those of your designee under the Final Disposition Declaration. This means that if there is any conflict between your Final Disposition Declaration and the donation of that anatomical gift, that the anatomical gift will be honored before your Final Disposition Declaration.

Why can't I specify in the Final Disposition Declaration how I want my funeral and burial proceedings to be handled?

When the law permitting Final Disposition Declarations to be used in Iowa was being considered by the Iowa legislature, part of the statute originally permitted such directions to be included in the Final Disposition Declaration. That provision, however, was removed prior to final enactment. Because of that action, the Iowa Supreme Court has specifically held that Final Disposition Declarations cannot contain previsions setting forth how you want your funeral to be handled or where you want to be buried. This does not mean that you cannot tell your designee orally or in writing how you want those matters to be handled. Such direction, though, will not be legally enforceable.