A designee or person with the authority to control under this chapter shall forfeit all rights and authority under a declaration, or by operation of section 144C.5, and all rights and authority under the declaration, or by operation of section 144C.5, shall vest in and devolve upon an alternate designee, or if there is none, vest in and devolve pursuant to section 144C.5, under either of the following circumstances:

1. 1. The designee or person with the authority to control under this chapter is charged with murder in the first or second degree or voluntary manslaughter in connection with the declarant’s death and those charges are known to a third party.
2. 2. The designee or person with the authority to control under this chapter does not exercise the designee’s authority under the declaration within twenty-four hours of receiving notification of the death of the declarant or within forty hours of the declarant’s death, whichever is earlier.

Section amended

2008 Acts, ch 1051, §13, 22; 2025 Acts, ch 22, §3

Referred to in §144C.5