Title 15, Probate, Trusts, and Fiduciaries

The short title of this part 1 is the Disposition of Last Remains Act. Source: L. 2003: Entire article added, p. 1348, � 1, effective August 6. L. 2017: Entire section amended, (SB 17-223), ch. 158, p. 559, � 9, effective August 9.

(1) The general assembly finds and declares that: (a) A competent adult individual has the right and power to direct the disposition of his or her remains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition con…

As used in this part 1, unless the context otherwise requires: (1) Adult means a natural person eighteen years of age or older. (2) Declarant means a competent adult who signs a declaration pursuant to the provisions of this part 1. (3) Declaration means a written instrument dire…

(1) The declarant may specify, in a declaration, any one or more of the following: (a) The disposition to be made of the declarant's last remains; (b) The person appointed to direct the disposition of the declarant's last remains; (c) The ceremonial arrangements to be performed a…

(1) (a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance. (b) (I) A third party, when presented wi…

(1) Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order: (a) The decedent if acting through a …

(1) As used in this section, unless the context otherwise requires: (a) “Cremains facility” means a facility that may have unclaimed cremains of a veteran or qualified family member or any information related to unclaimed cremains, including but not limited to a mortuary, funeral…

(1) Form. The following statutory declaration of disposition of last remains is legally sufficient: DECLARATION OF DISPOSITION OF LAST REMAINS I, (name of declarant), being of sound mind and lawful age, hereby revoke all prior declarations concerning the disposition of my last re…

(1) Unless otherwise stated in a declaration, it shall be presumed that the declarant intends to have his or her declaration executed pursuant to this part 1 and recognized to the fullest extent possible by other states. (2) Unless otherwise provided in the declaration, a declara…

A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person, shall not direct the final disposition of the deceased …

A person may use natural reduction for the final disposition of last remains or as a step in the final disposition of last remains. Source: L. 2021: Entire section added, (SB 21-006), ch. 123, p. 489, � 3, effective September 7.

The short title of this part 2 is the Revised Uniform Anatomical Gift Act. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 538, � 1, effective August 9. Editor's note: This section is similar to former � 12-34-101 as it existed prior to 2017.

In this part 2: (1) Adult means an individual who is at least eighteen years of age. (2) Agent means an individual: (A) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or (B) Expressly authorized to make an anatomical gif…

This part 2 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 541, � 1, effective August 9. Editor's note: This section is similar to fo…

Subject to section 15-19-208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 15-19-205 by: (1) The donor, if the donor is an adult or if th…

(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by …

(a) Subject to section 15-19-208, a donor or other person authorized to make an anatomical gift under section 15-19-204 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this section, anothe…

(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically …

(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a don…

(a) Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of person…

(a) A person authorized to make an anatomical gift under section 15-19-209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person ‘s oral communication that is electronically recorded or is contemporaneously reduced to a record an…

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subs…

Editor's note: This section is similar to former � 12-34-112 as it existed prior to 2017.

(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of revenue and any donor registry that it knows exists for the geographical area in which the individual resid…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, � 1, effective August 9. Editor's…

(a) Except as otherwise provided in subsection (b) of this section, a person that knowingly acquires, receives, or otherwise transfers a part for valuable consideration for transplantation may be liable as specified in 42 U.S.C. sec. 274e. (b) A person may charge a reasonable amo…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class 2 misdemeanor as specified in section 18-1.3-501. Source: L. 2…

(a) A person that acts in accordance with this part 2 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an…

(a) A document of gift is valid if executed in accordance with: (1) This part 2; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a natio…

(a) The department of revenue may establish or contract for the establishment of a donor registry. (b) The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transfer…

(a) In this section: (1) “Advance health-care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor. (2) “Declaration” m…

(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation or therapy. (b) Subject to section 15-19-223, if a coroner receives notice from a procurement organization that an anatomical gi…

(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent ‘s body or part is me…

In applying and construing this part 2, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 554, � 1, effective August…

This part 2 modifies, limits, and supersedes the “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (a) of that act, 15 U.S.C. sec. 7001, or authorize electronic delivery of any of the not…

(1) The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 3, to and among such institutions that…

(1) All public officers, agents, and servants, and all officers, agents, and servants of every county, city, township, borough, district, and other municipality, and every almshouse, prison, morgue, hospital, or other municipal or other public institution, and all other persons h…

After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, the body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the…

(1) A person has a right during his or her lifetime to provide for the disposition of all or any portion of his or her body upon his or her death. (2) No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any dec…

It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 3, except on the request of the district attorney of the district where the body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical b…

The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding the bodies for a period of twenty days to determine if the bodies are claimed, shall distribute and deliver the unclaimed bodies on requisition to and …

After the institutions to which the unclaimed bodies have been distributed by the anatomical board have completed the scientific study of the unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation. Source: L. 2017: Entire part added with r…

Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving the unclai…

Any person having duties enjoined upon him or her by the provisions of this part 3 who neglects, refuses, or omits to perform the same as required in this part 3 commits a civil infraction. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 557, � 1, ef…