CHAPTER 19. FUNERAL PLANNING DECLARATION
IC 29-2-19
Chapter 19. Funeral Planning Declaration
IC 29-2-19-1
"Declarant"
Sec. 1. As used in this chapter, "declarant" means an individualwho signs a funeral planning declaration executed under this chapter.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-2
"Declaration"
Sec. 2. As used in this chapter, "declaration" means a funeralplanning declaration executed under this chapter.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-3
"Designee"
Sec. 3. As used in this chapter, "designee" means an individualdirected by the terms of a declaration to:
(1) carry out the funeral plan of the declarant as set forth in thedeclaration; or
(2) make any arrangements concerning the disposition of thedeclarant's remains, funeral services, merchandise, andceremonies that are delegated to the designee in the declaration.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-4
"Disposition"
Sec. 4. As used in this chapter, "disposition" has the meaning setforth in IC 25-15-2-7.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-5
"Funeral services"
Sec. 5. As used in this chapter, "funeral services" has the meaningset forth in IC 25-15-2-17.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-6
"Grave memorial"
Sec. 6. As used in this chapter, "grave memorial" has the meaningset forth in IC 14-21-2-2.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-7
"Merchandise"
Sec. 7. As used in this chapter, "merchandise" refers to personalproperty described in IC 30-2-13-8.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-8
Funeral planning declaration; requirements
Sec. 8. (a) A person who is of sound mind and is at least eighteen(18) years of age may execute a funeral planning declarationsubstantially in the form set forth in section 13 of this chapter. Adeclaration may not be included in a will, a power of attorney, or asimilar document.
(b) A declaration must meet the following conditions:
(1) Be voluntary.
(2) Be in writing.
(3) Direct an individual to serve as the declarant's designee.
(4) Be signed by the person making the declaration or byanother person in the declarant's presence and at the directionof the declarant.
(5) Be dated.
(6) Be signed in the presence of at least two (2) competentwitnesses who are at least eighteen (18) years of age.
(c) The following may not be a witness to a declaration undersubsection (b)(6):
(1) The person who signed the declaration on behalf of and atthe direction of the declarant.
(2) A parent, spouse, or child of the declarant.
(3) An individual who is entitled to any part of the declarant'sestate whether the declarant dies testate or intestate, includingan individual who could take from the declarant's estate if thedeclarant's will is declared invalid.
For purposes of subdivision (3), a person is not considered to beentitled to any part of the declarant's estate solely by virtue of beingnominated as a personal representative or as the attorney for theestate in the declarant's will.
(d) A declaration is not binding upon a funeral home, a cemetery,any other person engaged in the business of providing funeralservices, any other person selling merchandise or grave markers, orany other person providing a service or other property subject to thedeclaration until the person receives consideration for the service,merchandise, or other property. If any provision of a declarationconflicts with:
(1) IC 23-14-31;
(2) IC 23-14-33; or
(3) IC 25-15;
the provision contained in the declaration controls.
(e) Except as provided in subsection (f), a declarant may notdirect an individual who is:
(1) a provider of funeral services;
(2) responsible for any aspect of the disposition of thedeclarant's remains; or
(3) associated with any entity that is responsible for providingfuneral services or disposing of the declarant's remains;
to be the declarant's designee in a declaration executed under thischapter. (f) Subsection (e) does not apply to an individual who is relatedto the declarant by birth, marriage, or adoption.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-9
Funeral planning declaration; declarant's preferences
Sec. 9. A declaration may specify the declarant's preferencesconcerning any of the following:
(1) The disposition of the declarant's remains after thedeclarant's death.
(2) Who may direct the disposition of the declarant's remains.
(3) Who may provide funeral services after the declarant'sdeath.
(4) The ceremonial arrangements to be performed after thedeclarant's death.
(5) The merchandise that the declarant prefers for thedisposition of the declarant's remains and any ceremonialarrangements.
(6) Who may direct the ceremonial arrangements to beperformed after the declarant's death.
(7) A grave memorial.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-10
Conflict resolution
Sec. 10. The provisions of a declarant's most recent declarationprevail over any other document executed by the declarantconcerning any preferences described in section 9 of this chapter.However, this section may not be construed to invalidate a power ofattorney executed under IC 30-5-5 or an appointment of a health carerepresentative under IC 16-36-1 with respect to any power or dutybelonging to the attorney in fact or health care representative that isnot related to a preference described in section 9 of this chapter.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-11
Immunity for good faith reliance
Sec. 11. (a) A person who acts in good faith reliance on adeclaration is immune from liability to the same extent as if theperson had dealt directly with the declarant and the declarant hadbeen a competent and living person.
(b) A person who deals with a declaration may presume, in theabsence of actual knowledge to the contrary, that:
(1) the declaration was validly executed; and
(2) the declarant was competent at the time the declaration wasexecuted.
(c) The directions of a declarant expressed in a declaration arebinding as if the declarant were alive and competent.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-12
Funeral planning declaration; form required; additional directionspermitted
Sec. 12. A declaration must be substantially in the form set forthin section 13 of this chapter, but the declaration may includeadditional, specific directions. The invalidity of any additional,specific direction does not affect the validity of the declaration.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-13
Form of funeral planning declaration
Sec. 13. The following is the funeral planning declaration form:
FUNERAL PLANNING DECLARATION
Declaration made this _____ day of _______ (month, year). I,_________, being at least eighteen (18) years of age and of soundmind, willfully and voluntarily make known my instructionsconcerning funeral services, ceremonies, and the disposition of myremains after my death.
I hereby declare and direct that after my death__________________(name of designee) shall, as my designee,carry out the instructions that are set forth in this declaration. If mydesignee is unwilling or unable to act, I nominate ____________ asan alternate designee.
I hereby declare and direct that after my death the followingactions be taken (indicate your choice by initialing or making yourmark before signing this declaration):
(1) My body shall be:
(A) _______________ Buried. I direct that my body beburied at _______________.
(B) _______________ Cremated. I direct that my crematedremains be disposed of as follows:
________________________________________________
________________________________________________
(C) _______________ Entombed. I direct that my body beentombed at _______________.
(D) _______________ I intentionally make no decisionconcerning the disposition of my body, leaving the decisionto my designee (as named above).
(2) My arrangements shall be made as follows:
(A) I direct that funeral services be obtained from:
_________________________________________________
_________________________________________________
(B) I direct that the following ceremonial arrangements bemade:
_________________________________________________
_________________________________________________
(C) I direct the selection of a grave memorial that:
_________________________________________________
_________________________________________________
(D) I direct that the following merchandise and other
property be selected for the disposition of my remains, myfuneral or other ceremonial arrangements:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
(E) __________________I direct that my designee (asnamed above) make all arrangements concerning ceremoniesand other funeral services.
(3) In addition to the instructions listed above, I request thefollowing:
__________________________________________________
__________________________________________________
(4) If it is impossible to make an arrangement specified insubdivisions (1) through (3) because:
(A) a funeral home or other service provider is out ofbusiness, impossible to locate, or otherwise unable toprovide the specified service; or
(B) the specified arrangement is impossible, impractical, orillegal;
I direct my designee to make alternate arrangements to the bestof the designee's ability.
It is my intention that this declaration be honored by my familyand others as the final expression of my intentions concerning myfuneral and the disposition of my body after my death. I understandthe full import of this declaration.
Signed _________________________
_______________________________
City, County, and State of Residence
The declarant is personally known to me, and I believe thedeclarant to be of sound mind. I did not sign the declarant's signatureabove for or at the direction of the declarant. I am not a parent,spouse, or child of the declarant. I am not entitled to any part of thedeclarant's estate. I am competent and at least eighteen (18) years ofage.
Witness _______________ Date __________
Witness _______________ Date __________
As added by P.L.143-2009, SEC.14.
IC 29-2-19-14
Revocation
Sec. 14. A declaration may be revoked by the declarant in writingor by burning, tearing, canceling, obliterating, or destroying thedeclaration with the intent to revoke the declaration.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-15
Effect of a divorce, annulment, or legal separation
Sec. 15. Except as otherwise expressly provided in a declaration,a subsequent: (1) dissolution of marriage;
(2) annulment of marriage; or
(3) legal separation of the declarant and the declarant's spouse;
automatically revokes a delegation of authority in a declaration to thedeclarant's spouse to direct the disposition of the declarant's body orto make all arrangements concerning funeral services and otherceremonies after the declarant's death.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-16
Law governing a designee who is unable or unwilling to serve
Sec. 16. Except as otherwise provided in a declaration, section 17of this chapter controls if a person to whom a declaration delegatesthe authority to make arrangements after a declarant's death is unableor unwilling to serve.
As added by P.L.143-2009, SEC.14.
IC 29-2-19-17
Priority of individuals with authority to act concerning thedisposition of a decedent's body and other arrangements
Sec. 17. The right to control the disposition of a decedent's body,to make arrangements for funeral services, and to make otherceremonial arrangements after an individual's death devolves on thefollowing, in the priority listed:
(1) An individual granted the authority to serve in a funeralplanning declaration executed by the decedent under thischapter, or the person named in a United States Department ofDefense form "Record of Emergency Data" (DD Form 93) or asuccessor form adopted by the United States Department ofDefense, if the decedent died while serving in any branch of theUnited States Armed Forces (as defined in 10 U.S.C. 1481) andcompleted the form.
(2) An individual granted the authority in a health care powerof attorney executed by the decedent under IC 30-5-5-16.
(3) The decedent's surviving spouse.
(4) A surviving adult child of the decedent.
(5) A surviving parent of the decedent.
(6) An individual in the next degree of kinship underIC 29-1-2-1 to inherit the estate of the decedent.
As added by P.L.143-2009, SEC.14. Amended by P.L.101-2010,SEC.4.
IC 29-2-19-18
Reliance on out-of-state declarations
Sec. 18. A person in Indiana may rely on a declaration or similarinstrument that was executed in another state and that complies withthe requirements of this chapter to the extent that an action requestedby the declarant in the declaration or similar instrument does notviolate any federal or Indiana law or any ordinance or regulation ofa political subdivision.As added by P.L.143-2009, SEC.14.
IC 29-2-19-19
Actions to contest the validity of a funeral planning declaration
Sec. 19. An action to contest the validity of any declaration madeunder this chapter must be:
(1) brought in the same manner as an action to contest thevalidity of a will under IC 29-1-7;
(2) filed in the circuit court of the county in which thedeclarant's remains are located;
(3) expedited on the docket of the circuit court as a matterrequiring priority; and
(4) accompanied by a bond, cash deposit, or other suretysufficient to guarantee that the hospital, nursing home, funeralhome, or other institution holding the declarant's remains iscompensated for the storage charges incurred while the actionis pending.
As added by P.L.143-2009, SEC.14.