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)A person:
(A)granted the authority to serve in a funeral planning
declaration executed by the decedent under this chapter; or
(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. (2)An individual specifically granted the authority in a power of
attorney or a health care power of attorney executed by the
decedent unde
Free access — add to your briefcase to read the full text and ask questions with AI
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) A person:
(A) granted the authority to serve in a funeral planning
declaration executed by the decedent under this chapter; or
(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.
(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 or a health care representative under
IC 16-36-7.
(3) The decedent's surviving spouse.
(4) A surviving adult child of the decedent or, if more than one
(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) 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.
(7) A guardian appointed by a court under IC 29-3-5-3.
(8) 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
are of the same degree of kinship. However, less than half of the
individuals who are of the same degree of kinship have the rights
under this subdivision if they have used reasonable efforts to
notify the other individuals who are of 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
are of the same degree of kinship.
(9) If none of the persons described in subdivisions (1) through
(8) are available, or willing, to act and arrange for the final
disposition of the decedent's remains, a stepchild (as defined in IC 6-4.1-1-3(f)) of the decedent. If more than one (1) stepchild
survives the decedent, then a majority of the surviving
stepchildren. However, less than half of the surviving stepchildren
have the rights under this subdivision if they have used reasonable
efforts to notify the other stepchildren of their intentions and are
not aware of any opposition to the final disposition instructions by
more than half of the stepchildren.
(10) The person appointed to administer the decedent's estate
under IC 29-1.
(11) If none of the persons described in subdivisions (1) through
(10) are available, any other person willing to act and arrange for
the final disposition of the decedent's remains, 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's
remains; and
(B) attests in writing that a good faith effort has been made to
contact any living individuals described in subdivisions (1)
through (10).