Public-domain · open source
OpenJurist

C.R.S. § 15-19-105

Reliance

(1) Intentionally left blank —Ed. (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) Intentionally left blank —Ed. (I) A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary: (A) That the declaration was validly executed; (B) That the declarant was competent when the instrument was executed; and (C) That the declaration has not been revoked. (II) A third party who provides for the lawful disposition of a declarant’s remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant’s instructions in the declaration. (2) A declaration shall be binding on all persons with an interest in the disposition of the declarant’s remains. Section 15-19-106 (1) shall not vest a right to control disposition or ceremonial arrangements that conflict with those made by a declaration. If the declaration conflicts with the directions of any other person, the declaration shall control, and a third party shall provide for the lawful disposition according to the declaration so long as: (a) No challenge to the validity of the declaration exists under subsection (3) of this section; and (b) The deceased provided the resources necessary to carry out the disposition. (3) A challenge to the validity of the declaration or the competency of the declarant when the declaration was executed shall be resolved by the probate court. A third party who knows a declaration has been challenged shall not be liable for refusing to accept, inter, cremate, or otherwise dispose of a declarant’s remains until the third party receives a court order or other reasonable confirmation that the challenge has been resolved or settled.

Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.