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 individual
who 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 funeral
planning 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 individual
directed by the terms of a declaration to:
(1) carry out the funeral plan of the declarant as set forth in the
declaration; or
(2) make any arrangements concerning the disposition of the
declarant's remains, funeral services, merchandise, and
ceremonies 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 set
forth 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 meaning
set 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 meaning
set 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 personal
property 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 declaration
substantially in the form set forth in section 13 of this chapter. A
declaration may not be included in a will, a power of attorney, or a
similar 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 by
another person in the declarant's presence and at the direction
of the declarant.
(5) Be dated.
(6) Be signed in the presence of at least two (2) competent
witnesses who are at least eighteen (18) years of age.
(c) The following may not be a witness to a declaration under
subsection (b)(6):
(1) The person who signed the declaration on behalf of and at
the 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's
estate whether the declarant dies testate or intestate, including
an individual who could take from the declarant's estate if the
declarant's will is declared invalid.
For purposes of subdivision (3), a person is not considered to be
entitled to any part of the declarant's estate solely by virtue of being
nominated as a personal representative or as the attorney for the
estate 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 funeral
services, any other person selling merchandise or grave markers, or
any other person providing a service or other property subject to the
declaration until the person receives consideration for the service,
merchandise, or other property. If any provision of a declaration
conflicts 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 not
direct an individual who is:
(1) a provider of funeral services;
(2) responsible for any aspect of the disposition of the
declarant's remains; or
(3) associated with any entity that is responsible for providing
funeral services or disposing of the declarant's remains;
to be the declarant's designee in a declaration executed under this
chapter.
(f) Subsection (e) does not apply to an individual who is related
to 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 preferences
concerning any of the following:
(1) The disposition of the declarant's remains after the
declarant's death.
(2) Who may direct the disposition of the declarant's remains.
(3) Who may provide funeral services after the declarant's
death.
(4) The ceremonial arrangements to be performed after the
declarant's death.
(5) The merchandise that the declarant prefers for the
disposition of the declarant's remains and any ceremonial
arrangements.
(6) Who may direct the ceremonial arrangements to be
performed 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 declaration
prevail over any other document executed by the declarant
concerning any preferences described in section 9 of this chapter.
However, this section may not be construed to invalidate a power of
attorney executed under IC 30-5-5 or an appointment of a health care
representative under IC 16-36-1 with respect to any power or duty
belonging to the attorney in fact or health care representative that is
not 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 a
declaration is immune from liability to the same extent as if the
person had dealt directly with the declarant and the declarant had
been a competent and living person.
(b) A person who deals with a declaration may presume, in the
absence of actual knowledge to the contrary, that:
(1) the declaration was validly executed; and
(2) the declarant was competent at the time the declaration was
executed.
(c) The directions of a declarant expressed in a declaration are
binding 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 directions
permitted
Sec. 12. A declaration must be substantially in the form set forth
in section 13 of this chapter, but the declaration may include
additional, 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 sound mind, willfully and voluntarily make known my instructions concerning funeral services, ceremonies, and the disposition of my remains 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 my designee is unwilling or unable to act, I nominate ____________ as an alternate designee.
I hereby declare and direct that after my death the following actions be taken (indicate your choice by initialing or making your mark before signing this declaration):
(1) My body shall be:
(A) _______________ Buried. I direct that my body be buried at _______________.
(B) _______________ Cremated. I direct that my cremated remains be disposed of as follows:
________________________________________________
________________________________________________
(C) _______________ Entombed. I direct that my body be entombed at _______________.
(D) _______________ I intentionally make no decision concerning the disposition of my body, leaving the decision to 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 be made:
_________________________________________________
_________________________________________________
(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, my
funeral or other ceremonial arrangements:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
(E) __________________I direct that my designee (as
named above) make all arrangements concerning ceremonies
and other funeral services.
(3) In addition to the instructions listed above, I request the
following:
__________________________________________________
__________________________________________________
(4) If it is impossible to make an arrangement specified in
subdivisions (1) through (3) because:
(A) a funeral home or other service provider is out of
business, impossible to locate, or otherwise unable to
provide the specified service; or
(B) the specified arrangement is impossible, impractical, or
illegal;
I direct my designee to make alternate arrangements to the best
of the designee's ability.
It is my intention that this declaration be honored by my family
and others as the final expression of my intentions concerning my
funeral and the disposition of my body after my death. I understand
the full import of this declaration.
Signed _________________________
_______________________________
City, County, and State of Residence
The declarant is personally known to me, and I believe the declarant to be of sound mind. I did not sign the declarant's signature above 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 the declarant's estate. I am competent and at least eighteen (18) years of age.
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 writing
or by burning, tearing, canceling, obliterating, or destroying the
declaration 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 the
declarant's spouse to direct the disposition of the declarant's body or
to make all arrangements concerning funeral services and other
ceremonies 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 17
of this chapter controls if a person to whom a declaration delegates
the authority to make arrangements after a declarant's death is unable
or 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 the
disposition 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 other
ceremonial arrangements after an individual's death devolves on the
following, in the priority listed:
(1) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under this
chapter, or the person 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 granted the authority in a health care power
of 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 under
IC 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 similar
instrument that was executed in another state and that complies with
the requirements of this chapter to the extent that an action requested
by the declarant in the declaration or similar instrument does not
violate any federal or Indiana law or any ordinance or regulation of
a 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 made
under this chapter must be:
(1) brought in the same manner as an action to contest the
validity of a will under IC 29-1-7;
(2) filed in the circuit court of the county in which the
declarant's remains are located;
(3) expedited on the docket of the circuit court as a matter
requiring priority; and
(4) accompanied by a bond, cash deposit, or other surety
sufficient to guarantee that the hospital, nursing home, funeral
home, or other institution holding the declarant's remains is
compensated for the storage charges incurred while the action
is pending.
As added by P.L.143-2009, SEC.14.