IC 23-14-55
    Chapter 55. Authorization for Interment, Entombment, orInurnment

IC 23-14-55-1
Warranty and liability of individual signing authorization
    Sec. 1. An individual who signs an authorization for theinterment, entombment, or inurnment of any human remains:
        (1) is considered to warrant the truthfulness of:
            (A) any fact set forth in the authorization;
            (B) the identity of the person for whose remains interment,entombment, or inurnment is sought; and
            (C) the individual's authority to order the interment,entombment, or inurnment; and
        (2) is personally and individually liable to pay damages incompensation for harm that:
            (A) is caused by; or
            (B) results from;
        the signing of the authorization for interment, entombment, orinurnment.
As added by P.L.52-1997, SEC.29.

IC 23-14-55-2
Authority and liability of cemetery owner upon receipt of writtenauthorization; persons prohibited from being an authorized agent
    Sec. 2. (a) Except as provided in subsection (d), the owner of acemetery is authorized to inter, entomb, or inurn the body orcremated remains of a deceased human upon the receipt of a writtenauthorization of an individual who professes either of the following:
        (1) To be (in the priority listed) one (1) of the following:
            (A) An individual granted the authority to serve in a funeralplanning declaration executed by the decedent underIC 29-2-19, or the person named in a United StatesDepartment of Defense form "Record of Emergency Data"(DD Form 93) or a successor form adopted by the UnitedStates Department of Defense, if the decedent died whileserving in any branch of the United States Armed Forces (asdefined in 10 U.S.C. 1481) and completed the form.
            (B) An individual granted the authority in a health carepower of attorney executed by the decedent underIC 30-5-5-16.
            (C) The individual who was the spouse of the decedent at thetime of the decedent's death.
            (D) The decedent's surviving adult child. If more than one(1) adult child is surviving, any adult child who confirms inwriting that the other adult children have been notified,unless the owner of the cemetery receives a written objectionto the disposition from another adult child.
            (E) The decedent's surviving parent. If the decedent issurvived by both parents, either parent unless the cemetery

owner receives a written objection to the disposition fromthe other parent.
            (F) The individual in the next degree of kinship underIC 29-1-2-1 to inherit the estate of the decedent. If more thanone (1) individual of the same degree of kinship is surviving,any person of that degree unless the cemetery owner receivesa written objection to the disposition from one (1) or morepersons of the same degree of kinship.
        (2) To have acquired by court order the right to control thedisposition of the deceased human body or cremated remains.
The owner of a cemetery may accept the authorization of anindividual only if all other individuals of the same priority or ahigher priority (according to the priority listing in this subsection)are deceased, are barred from authorizing the disposition of thedeceased human body or cremated remains under subsection (d), orare physically or mentally incapacitated from exercising theauthorization, and the incapacity is certified to by a qualified medicaldoctor.
    (b) A cemetery owner is not liable in any action for making aninterment, entombment, or inurnment under a written authorizationdescribed in subsection (a) unless the cemetery owner had actualnotice that the representation made under subsection (a) by theindividual who issued the written authorization was untrue.
    (c) An action may not be brought against the owner of a cemeteryrelating to the remains of a human that have been left in thepossession of the cemetery owner without permanent interment,entombment, or inurnment for a period of three (3) years, unless thecemetery owner has entered into a written contract for the care of theremains.
    (d) 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 theoperation of a vehicle; and
        (2) the coroner, in consultation with the law enforcementagency investigating the death of the decedent, determines thatthere is a reasonable suspicion that a person described insubsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize thedisposition of the decedent's body or cremated remains.
    (e) The coroner, in consultation with the law enforcement agencyinvestigating the death of the decedent, shall inform the cemeteryowner of the determination referred to in subsection (d)(2).
As added by P.L.52-1997, SEC.29. Amended by P.L.102-2007,SEC.2; P.L.3-2008, SEC.170; P.L.143-2009, SEC.6; P.L.101-2010,SEC.2.