Indiana Code 29-2-16.1-8. Priority of persons authorized to make an anatomical gift of a decedent’s body or part
(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 3(2) of this chapter immediately before the decedent’s death.
Terms Used In Indiana Code 29-2-16.1-8
- Decedent: A deceased person.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(3) Adult children of the decedent.
(4) Parents of the decedent.
(5) Adult siblings of the decedent.
(6) A guardian appointed by a court under IC 29-3-5-3.
(7) Adult grandchildren of the decedent.
(8) Grandparents of the decedent.
(9) An adult who exhibited special care and concern for the decedent.
(10) Any other person having the authority to dispose of the decedent’s body.
(b) If there is more than one (1) member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to whom the gift may pass under section 10 of this chapter knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.5.