C.R.S. Section 15-19-105
Reliance

  • declarations

(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That the declaration has not been revoked.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.

Source: Section 15-19-105 — Reliance - declarations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑19‑101
Short title 15‑19‑102
Legislative declaration - construction 15‑19‑103
Definitions 15‑19‑104
Declaration of disposition of last remains 15‑19‑105
Reliance - declarations 15‑19‑106
Right of final disposition 15‑19‑106.5
Disposition of abandoned cremated remains of veterans - liability - applicability - definitions 15‑19‑107
Declaration of disposition of last remains 15‑19‑108
Interstate effect of declaration 15‑19‑109
Effect of criminal charges 15‑19‑110
Natural reduction 15‑19‑201
Short title 15‑19‑202
Definitions 15‑19‑203
Applicability 15‑19‑204
Who may make anatomical gift before donor’s death 15‑19‑205
Manner of making anatomical gift before donor’s death 15‑19‑206
Amending or revoking anatomical gift before donor’s death 15‑19‑207
Refusal to make anatomical gift - effect of refusal 15‑19‑208
Preclusive effect of anatomical gift, amendment, or revocation 15‑19‑209
Who may make anatomical gift of decedent’s body or part 15‑19‑210
Manner of making, amending, or revoking anatomical gift of decedent’s body or part 15‑19‑211
Persons that may receive anatomical gift - purpose of anatomical gift 15‑19‑212
Search and notification 15‑19‑213
Delivery of document of gift not required - right to examine 15‑19‑214
Rights and duties of procurement organization and others 15‑19‑215
Coordination of procurement and use 15‑19‑216
Sale or purchase of parts prohibited 15‑19‑217
Other prohibited acts 15‑19‑218
Immunity 15‑19‑219
Law governing validity - choice of law as to execution of document of gift - presumption of validity 15‑19‑220
Donor registry 15‑19‑221
Effect of anatomical gift on advance health-care directive - definitions 15‑19‑222
Cooperation between coroner and procurement organization 15‑19‑223
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner 15‑19‑224
Uniformity of application and construction 15‑19‑225
Relation to “Electronic Signatures in Global and National Commerce Act” 15‑19‑301
Board for distribution of unclaimed human bodies - rules 15‑19‑302
Duty of public officers as to unclaimed bodies 15‑19‑303
Claiming of body - publication of notice 15‑19‑304
Disposition of all or any portion of body after death - nonliability 15‑19‑305
Unlawful to hold autopsy 15‑19‑306
Holding of body for twenty days 15‑19‑307
Disposition of remains 15‑19‑308
Expense to be borne by institutions 15‑19‑309
Penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 15-19-105’s source at colorado​.gov