§ 30-2-13-23 — Contracts; invalid provisions; unenforceable contracts

Indiana § 30-2-13-23

• Jurisdiction: Indiana
• Art. 2: GENERAL PROVISIONS
• Ch. 13: Payment of Funeral, Burial Services, or Merchandise in

Text

(a) A contract is invalid if the contract
allows the purchaser the right to:
(1) convert, substitute, or exchange the purchase of burial rights
for the purchase of services or merchandise;
(2) free services or merchandise in exchange for the purchase of
other services or merchandise; or
(3) receive cash or gifts, other than burial rights and services and
merchandise, with a value of more than fifty dollars ($50) as an
inducement to purchase a contract.
(b) A contract is unenforceable if:
(1) the contract obligates the seller to provide prepaid services or
merchandise for a named individual in conjunction with the
death, burial, or final disposition of the individual;
(2) the purchaser under the contract is the attorney in fact,
appointed under IC 30-5, of the purchaser.
(3) the death of the named individual 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
(4) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that the purchaser referred to in subdivision
(2) committed the offense.
The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the seller of the
determination of the purchaser described in subdivision (4).

Legislative History

As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.12; P.L.102-2007, SEC.4; P.L.34-2011, SEC.9.