Colo. Rev. Stat. § 15-19-103

Current through 11/5/2024 election

Section 15-19-103 - Definitions

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 directing the lawful disposition of the declarant's last remains and the ceremonies planned after a declarant's death, in accordance with this part 1. A declaration may be made within a will; prepaid funeral or final disposition contract; durable or medical power of attorney; a designated beneficiary agreement as described in article 22 of this title 15; a federal record of emergency data; or any other written document, including, but not limited to, a document governing the disposition of last remains under part 7 of article 11 of this title 15.

(3.5) "Federal record of emergency data" means the United States department of defense record of emergency data, DD form 93, or any successor form.

(4) "Interested person" means the deceased's spouse, parent, designated beneficiary, adult child, sibling, grandchild, and other person designated in a declaration.

(5) "Last remains" means the deceased's body or cremains after death.

(5.5) "Natural reduction" or "naturally reduce" has the meaning set forth in section 2-4-401 (6.9).

(6) (Deleted by amendment, L. 2006, p. 897, § 2, effective August 7, 2006.)

(7)

(a) "Third party" means a person:

(I) Who is requested by a declaration to act in good faith in reliance upon the declaration;

(II) Who is asked to dispose of last remains by the person with priority to dispose of the decedent's last remains under section 15-19-106; or

(III) Who is delegated discretion over ceremonial or dispositional arrangements in a declaration.

(b) "Third party" includes, but is not limited to, a funeral director, mortuary science practitioner, mortuary, crematorium, or cemetery.

(8) (Deleted by amendment, L. 2006, p. 897, § 2, effective August 7, 2006.)

C.R.S. § 15-19-103

Amended by 2021 Ch. 123, § 17, eff. 9/7/2021.

Amended by 2017 Ch. 158, § 11, eff. 8/9/2017.

L. 2003: Entire article added, p. 1349, § 1, effective August 6. L. 2006: (3), (4), (6), (7)(a)(I), (7)(a)(III), and (8) amended, p. 897, § 2, effective August 7. L. 2009: (3) and (4) amended, (HB 09 -1260), ch. 446, p. 446, § 15, effective July 1; (7)(b) amended, (HB 09-1202), ch. 2343, p. 2343, § 6, effective July 1. L. 2010: (3) amended and (3.5) added, (SB 10-047), ch. 585, p. 585, § 2, effective August 11.

Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.

For the legislative declaration in the 2010 act amending subsection (3) and adding subsection (3.5), see section 1 of chapter 166, Session Laws of Colorado 2010.