AN ACT to amend the Indiana Code concerning business and other associations.
court at the time of the decedent's death, unless a court
finds that the decedent and spouse were reconciled before
the decedent's death; or
(B) a court determines the decedent and spouse were
physically and emotionally separated at the time of death
and the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and regard
for the decedent.
(4) The decedent's surviving adult children. child or, if more than
one (1) adult child is surviving, any adult child who confirms in
writing that the majority of the other adult children. have been
notified, unless the crematory authority receives a written
objection to the cremation from another adult child. 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 decedent's surviving parent or parents. If one (1) of the
decedent is survived by both parents either is absent, the parent
may serve as the authorizing agent unless the crematory authority
receives a written objection to the cremation from the other who
is present has authority 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.
(6) (7) The 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 is surviving, any person of
that the majority of those who have the same degree. may serve
as the authorizing agent unless the crematory authority receives
a written objection to the cremation from one (1) or more persons
of the same degree. However, less than half of the individuals
who have the same degree of kinship have the rights under
this subdivision if they have used reasonable efforts to notify
the other individuals who have 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 have the same degree of kinship.
(8) If none of the persons described in subdivisions (1)
through (7) are available, any other person willing to act and
arrange for the final disposition of the decedent, 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; and
(B) attests in writing that a good faith effort has been made
to contact any living individuals described in subdivisions
(1) through (7).
(7) (9) In the case of an indigent or other individual whose final
disposition is the responsibility of the state or township, the
following may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (6) (8) are available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if a
surviving family member objects to the cremation or if cremation
would be contrary to the religious practices of the deceased
individual as expressed by the individual or the individual's
family.
(8) (10) In the absence of any person under subdivisions (1)
through (7), (9), any person willing to assume the responsibility
as the authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be cremated,
a representative of the institution that has arranged with the crematory
authority to cremate the body part may serve as the authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not serve as the
authorizing agent.
(d) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the crematory
authority of the determination referred to in subsection (c)(2).
(e) If a person vested with a right under subsection (a) does not
exercise that right not later than seventy-two (72) hours after the
person receives notification of the death of the decedent, the person
forfeits the person's right to determine the final disposition of the
decedent, and the right to determine final disposition passes to the
next person described in subsection (a).
(f) A crematory authority owner has the right to rely, in good
faith, on the representations of a person listed in subsection (a) that
any other individuals on the same degree of kinship have been
notified of the final disposition instructions.
(g) If there is a dispute concerning the disposition of a decedent,
a crematory authority is not liable for refusing to accept the
remains of the decedent until the crematory authority receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent. If a crematory
authority agrees to shelter the remains of the decedent while the
parties are in dispute, the crematory authority may collect any
applicable fees for storing the remains, including legal fees that are
incurred.
(h) Any cause of action filed under this section must be filed in
the probate court in the county where the decedent resided, unless
the decedent was not a resident of Indiana.
(i) A spouse seeking a judicial determination under subsection
(a)(3)(A) that the decedent and spouse were reconciled before the
decedent's death may petition the court having jurisdiction over
the dissolution or separation proceeding to make this
determination by filing the petition under the same cause number
as the dissolution or separation proceeding. A spouse who files a
petition under this subsection is not required to pay a filing fee.
finds that the decedent and spouse were reconciled
before the decedent's death; or
(ii) a court determines the decedent and spouse were
physically and emotionally separated at the time of death
and the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and
regard for the decedent.
(D) The decedent's surviving adult child or, if more than one
(1) adult child is surviving, any adult child who confirms in
writing that the majority of the other adult children. have
been notified, unless the owner of the cemetery receives a
written objection to the disposition from another adult child.
However, less than half of the surviving adult children
have the rights under this clause 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.
(E) The decedent's surviving parent or parents. If one (1) of
the decedent is survived by both parents either is absent, the
parent unless the cemetery owner receives a written objection
to the disposition from the other who is present has authority
under this clause if the parent who is present has used
reasonable efforts to notify the absent parent.
(F) 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 clause 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.
(F) (G) The 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 of kinship is
surviving, any person of that the majority of those who have
the same degree. unless the cemetery owner receives a written
objection to the disposition from one (1) or more persons of
the same degree of kinship. However, less than half of the
individuals who have the same degree of kinship have the
rights under this clause if they have used reasonable efforts
to notify the other individuals who have 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 have the same degree of
kinship.
(H) If none of the persons described in clauses (A) through
(G) are available, any other person willing to act and
arrange for the final disposition of the decedent, including
a funeral home that:
(i) has a valid prepaid funeral plan executed under
IC 30-2-13 that makes arrangements for the disposition
of the decedent; and
(ii) attests in writing that a good faith effort has been
made to contact any living individuals described in
clauses (A) through (G).
(2) To have acquired by court order the right to control the
disposition of the deceased human body or cremated remains.
The owner of a cemetery may accept the authorization of an individual
only if all other individuals of the same priority or a higher priority
(according to the priority listing in this subsection) are deceased, are
barred from authorizing the disposition of the deceased human body or
cremated remains under subsection (d), (c), or are physically or
mentally incapacitated from exercising the authorization, and the
incapacity is certified to by a qualified medical doctor.
(b) A cemetery owner is not liable in any action for making an
interment, entombment, or inurnment under a written authorization
described in subsection (a) unless the cemetery owner had actual notice
that the representation made under subsection (a) by the individual who
issued the written authorization was untrue.
(c) (b) An action may not be brought against the owner of a
cemetery relating to the remains of a human that have been left in the
possession of the cemetery owner without permanent interment,
entombment, or inurnment for a period of three (3) years, unless the
cemetery owner has entered into a written contract for the care of the
remains.
(d) (c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not authorize the
disposition of the decedent's body or cremated remains.
(e) (d) The coroner, in consultation with the law enforcement
agency investigating the death of the decedent, shall inform the
cemetery owner of the determination referred to in subsection (d)(2).
(c)(2).
(e) If a person vested with a right under subsection (a) does not
exercise that right not less than seventy-two (72) hours after the
person receives notification of the death of the decedent, the person
forfeits the person's right to determine the final disposition of the
decedent and the right to determine final disposition passes to the
next person described in subsection (a).
(f) A cemetery owner has the right to rely, in good faith, on the
representations of a person listed in subsection (a) that any other
individuals on the same degree of kinship have been notified of the
final disposition instructions.
(g) If there is a dispute concerning the disposition of a decedent,
a cemetery owner is not liable for refusing to accept the remains of
the decedent until the cemetery owner receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent. If a cemetery
agrees to shelter the remains of the decedent while the parties are
in dispute, the cemetery may collect any applicable fees for storing
the remains, including legal fees that are incurred.
(h) Any cause of action filed under this section must be filed in
the probate court in the county where the decedent resided, unless
the decedent was not a resident of Indiana.
(i) A spouse seeking a judicial determination under subsection
(a)(1)(C)(i) that the decedent and spouse were reconciled before the
decedent's death may petition the court having jurisdiction over
the dissolution or separation proceeding to make this
determination by filing the petition under the same cause number
as the dissolution or separation proceeding. A spouse who files a
petition under this subsection is not required to pay a filing fee.
have the authority to designate the manner, type, and selection of the
final disposition and interment of human remains, to make
arrangements for funeral services, and to make other ceremonial
arrangements after an individual's death:
(1) An individual A person:
(A) granted the authority to serve in a funeral planning
declaration executed by the decedent under IC 29-2-19; or the
person
(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.
(1) An individual granted the authority in a funeral planning
declaration executed by the decedent under IC 29-2-19.
(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.
(3) The individual who was the spouse of the decedent at the time
of the decedent's death, except when:
(A) a petition to dissolve the marriage or for legal
separation of the decedent and spouse is pending with a
court at the time of the decedent's death, unless a court
finds that the decedent and spouse were reconciled before
the decedent's death; or
(B) a court determines the decedent and spouse were
physically and emotionally separated at the time of death
and the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and regard
for the decedent.
(4) The decedent's surviving adult child or, if more than one (1)
adult child is surviving, any adult child who confirms in writing
that the other majority of the adult children. have been notified,
unless the licensed funeral director or licensed funeral home
receives a written objection from another adult child. 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.
through (6) (8) is available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
(b) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not authorize or designate
the manner, type, or selection of the final disposition and internment of
human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination under subsection
(b)(2).
(d) If the decedent had filed a protection order against a person
described in subsection (a) and the protection order is currently in
effect, the person described in subsection (a) may not authorize or
designate the manner, type, or selection of the final disposition and
interment of human remains.
(e) A law enforcement agency shall determine if the protection
order is in effect. If the law enforcement agency cannot determine the
existence of a protection order that is in effect, the law enforcement
agency shall consult the protective order registry established under
IC 5-2-9-5.5.
(f) If a person vested with a right under subsection (a) does not
exercise that right not later than seventy-two (72) hours after the
person receives notification of the death of the decedent, the person
forfeits the person's right to determine the final disposition of the
decedent and the right to determine final disposition passes to the
next person described in subsection (a).
(g) A funeral home has the right to rely, in good faith, on the
representations of a person listed in subsection (a) that any other
individuals on the same degree of kinship have been notified of the
final disposition instructions.
(h) If there is a dispute concerning the disposition of a decedent,
a funeral home is not liable for refusing to accept the remains of
the decedent until the funeral home receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent. If a funeral
home agrees to shelter the remains of the decedent while the
parties are in dispute, the funeral home may collect any applicable
fees for storing the remains, including legal fees that are incurred.
(i) Any cause of action filed under this section must be filed in
the probate court in the county where the decedent resided, unless
the decedent was not a resident of Indiana.
(j) A spouse seeking a judicial determination under subsection
(a)(3)(A) that the decedent and spouse were reconciled before the
decedent's death may petition the court having jurisdiction over
the dissolution or separation proceeding to make this
determination by filing the petition under the same cause number
as the dissolution or separation proceeding. A spouse who files a
petition under this subsection is not required to pay a filing fee.
of any opposition to the final disposition instructions by more
than half of the surviving adult children.
(5) A 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.
(6) (7) 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 have the same degree of kinship. However, less than
half of the individuals who have the same degree of kinship
have the rights under this subdivision if they have used
reasonable efforts to notify the other individuals who have 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 have the same degree of
kinship.
(8) If none of the persons described in subdivisions (1)
through (7) are available, any other person willing to act and
arrange for the final disposition of the decedent, 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; and
(B) attests in writing that a good faith effort has been made
to contact any living individuals described in subdivisions
(1) through (7).
(72) hours after the completion of the death investigation;
(2) shall complete the certificate of death utilizing all verifiable
information establishing the time and date of death; and
(3) may file a pending investigation certificate of death before
completing the certificate of death, if necessary.
(c) If this section applies, the body and the scene of death may not
be disturbed until:
(1) the coroner has photographed them in the manner that most
fully discloses how the person died; and
(2) law enforcement and the coroner have finished their initial
assessment of the scene of death.
However, a coroner or law enforcement officer may order a body to be
moved before photographs are taken if the position or location of the
body unduly interferes with activities carried on where the body is
found, but the body may not be moved from the immediate area and
must be moved without substantially destroying or altering the
evidence present.
(d) When acting under this section, if the coroner considers it
necessary to have an autopsy performed, is required to perform an
autopsy under subsection (f), or is requested by the prosecuting
attorney of the county to perform an autopsy, the coroner shall employ
a:
(1) physician certified by the American Board of Pathology; or
(2) pathology resident acting under the direct supervision of a
physician certified in anatomic pathology by the American Board
of Pathology;
to perform the autopsy. The physician performing the autopsy shall be
paid a fee of at least fifty dollars ($50) from the county treasury.
(e) If:
(1) at the request of:
(A) the decedent's spouse;
(B) a child of the decedent, if the decedent does not have a
spouse;
(C) a parent of the decedent, if the decedent does not have a
spouse or children;
(D) a brother or sister of the decedent, if the decedent does not
have a spouse, children, or parents; or
(E) a grandparent of the decedent, if the decedent does not
have a spouse, children, parents, brothers, or sisters;
(2) in any death, two (2) or more witnesses who corroborate the
circumstances surrounding death are present; and
(3) two (2) physicians who are licensed to practice medicine in
the state and who have made separate examinations of the
decedent certify the same cause of death in an affidavit within
twenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed with the
circuit court clerk.
(f) A county coroner may not certify the cause of death in the case
of the sudden and unexpected death of a child who is less than three (3)
years old unless an autopsy is performed at county expense. However,
a coroner may certify the cause of death of a child described in this
subsection without the performance of an autopsy if subsection (e)
applies to the death of the child.
(g) After consultation with the law enforcement agency
investigating the death of a decedent, the coroner shall do the
following:
(1) Inform a crematory authority if a person is barred under
IC 23-14-31-26(c) from serving as the authorizing agent with
respect to the cremation of the decedent's body because the
coroner made the determination under IC 23-14-31-26(c)(2) in
connection with the death of the decedent.
(2) Inform a cemetery owner if a person is barred under
IC 23-14-55-2(d) IC 23-14-55-2(c) from authorizing the
disposition of the body or cremated remains of the decedent
because the coroner made the determination under
IC 23-14-55-2(d)(2) IC 23-14-55-2(c)(2) in connection with the
death of the decedent.
(3) Inform a seller of prepaid services or merchandise if a person's
contract is unenforceable under IC 30-2-13-23(b) because the
coroner made the determination under IC 30-2-13-23(b)(4) in
connection with the death of the decedent.