Citations Affected: IC 23-14; IC 25-15; IC 29-2; IC 30-2; IC 34-30;
IC 36-2.
Synopsis: Disposition and interment of human remains. Makes
changes to the priority of individuals who may determine the final
disposition of the remains of a decedent. Provides that if a person does
not exercise a right to determine final disposition within 72 hours of
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 listed in priority.
Allows a crematory, cemetery, or funeral home that agrees to shelter
the remains of a decedent while parties are in dispute as to the final
disposition of the decedent to collect fees for storing the remains of the
decedent. Requires that certain causes of action must be filed in the
county where the decedent was a resident. Provides that a cemetery or
funeral home that relies in good faith on a signed authorization for the
cremation, interment, entombment, or inurnment of human remains is
not liable for carrying out the disposition of the decedent in accordance
with the instructions in the authorization. (Current law provides
cemetery owners immunity for making a final disposition under a
written authorization unless the cemetery owner has actual notice that
the authorization is untrue.)
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 18, 2011, reported favorably _ Do Pass.
January 27, 2011, read second time, amended, ordered engrossed.
January 28, 2011, engrossed.
January 31, 2011, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
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 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:
petition under this subsection is not required to pay a filing fee.
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);
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
who is present has the authority unless the licensed funeral
director or licensed funeral home receives a written objection
from the other 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) 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 survives, any person of that
degree has the authority unless the licensed funeral director or
licensed funeral home receives a written objection from one (1)
or more persons of the same degree. 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 identified 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:
(A) If none of the persons identified in subdivisions (1)
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.
authorization for the cremation, interment, entombment, or
inurnment of human remains is not civilly or criminally liable or
subject to disciplinary actions for carrying out the disposition of
the decedent in accordance with the instructions in the
authorization.
(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) 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).
JULY 1, 2011]: Sec. 9. (a) Except as provided in subsection (b), As
used in this chapter, "purchaser" means a person or firm contracting
with a seller for services or merchandise to be provided or delivered for
a named individual.
(b) As used in section 13(b) of this chapter, "purchaser" means:
(1) 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 funeral planning
declaration executed by the decedent under IC 29-2-19;
(3) An individual described in subsection (a).
(4) The attorney in fact, appointed under IC 30-5, of an individual
described in subsection (a).
(5) The guardian, appointed under IC 29-3, of an individual
described in subsection (a). or
(6) If an individual described in subsection (a) is deceased:
(A) the surviving spouse of the individual;
(B) if there is no surviving spouse, the adult children of the
individual;
(C) if there is no surviving spouse or surviving adult child, the
surviving parent or parents of the individual; or
(D) if there is neither a surviving spouse nor adult children,
nor a surviving parent, the personal representative (as defined
in IC 29-1-1-3) of the individual.
are concluded.
(b) The coroner:
(1) shall file a certificate of death with the county health
department, or, if applicable, a multiple county health department,
of the county in which the individual died, within seventy-two
(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