100 Iowa L. Rev. 1813 (2015)

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Abstract

Iowa has long been a bastion of support for a decedent’s right to control disposition of her remains. In early 2013, the Iowa Supreme Court made an unprecedented move when it interpreted Iowa’s Final Disposition Act as entirely eliminating that right—even when a decedent repeatedly and incontrovertibly expresses her wishes. This Note argues that the Iowa General Assembly did not intend this result, and proposes two modifications to the Act that can both facilitate the Act’s purpose and restore the decedent’s right to direct disposition of her remains. First, this Note proposes that the Iowa General Assembly modify the Act to require funeral directors to provide their clients with resources that will help them ensure that survivors honor the client’s wishes regarding final disposition. Second, this Note proposes that the Iowa General Assembly modify the Act to include a presumption, rebuttable only by clear and convincing evidence to the contrary, that the person entitled to control disposition of a decedent’s remains acts in accordance with the decedent’s wishes.