2021 Indiana Code
Title 29. Probate
Article 2. Miscellaneous Provisions
Chapter 19. Funeral Planning Declaration
29-2-19-17. Priority Among Individuals as to Right to Control Disposition of Decedent's Body and Make Other Arrangements
Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed:
(1) A person:
(A) granted the authority to serve in a funeral planning declaration executed by the decedent under this chapter; or
(B) named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
(2) An individual specifically granted the authority in a power of attorney or a health care power of attorney executed by the decedent under IC 30-5-5-16 or a health care representative under IC 16-36-7.
(3) The decedent's surviving spouse.
(4) A surviving adult child of the decedent or, if more than one (1) adult child is surviving, the majority of the other adult children. However, less than half of the surviving adult children have the rights under this subdivision if the adult children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving adult children.
(5) The surviving parent or parents of the decedent. If one (1) of the parents is absent, the parent who is present has the rights under this subdivision if the parent who is present has used reasonable efforts to notify the absent parent.
(6) The decedent's surviving sibling or, if more than one (1) sibling is surviving, the majority of the surviving siblings. However, less than half of the surviving siblings have the rights under this subdivision if the siblings have used reasonable efforts to notify the other surviving siblings of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving siblings.
(7) A guardian appointed by a court under IC 29-3-5-3.
(8) An individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent or, if more than one (1) individual of the same degree survives, the majority of those who are of the same degree of kinship. However, less than half of the individuals who are of the same degree of kinship have the rights under this subdivision if they have used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the individuals who are of the same degree of kinship.
(9) If none of the persons described in subdivisions (1) through (8) are available, or willing, to act and arrange for the final disposition of the decedent's remains, a stepchild (as defined in IC 6-4.1-1-3(f)) of the decedent. If more than one (1) stepchild survives the decedent, then a majority of the surviving stepchildren. However, less than half of the surviving stepchildren have the rights under this subdivision if they have used reasonable efforts to notify the other stepchildren of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the stepchildren.
(10) The person appointed to administer the decedent's estate under IC 29-1.
(11) If none of the persons described in subdivisions (1) through (10) are available, any other person willing to act and arrange for the final disposition of the decedent's remains, including a funeral home that:
(A) has a valid prepaid funeral plan executed under IC 30-2-13 that makes arrangements for the disposition of the decedent's remains; and
(B) attests in writing that a good faith effort has been made to contact any living individuals described in subdivisions (1) through (10).
As added by P.L.143-2009, SEC.14. Amended by P.L.101-2010, SEC.4; P.L.34-2011, SEC.7; P.L.6-2012, SEC.201; P.L.190-2016, SEC.38; P.L.26-2021, SEC.7; P.L.50-2021, SEC.71; P.L.137-2021, SEC.33.
