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Terms Used In Indiana Code 29-2-19-10

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • declarant: means an individual who signs a funeral planning declaration executed under this chapter. See Indiana Code 29-2-19-1
  • declaration: means a funeral planning declaration executed under this chapter. See Indiana Code 29-2-19-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
   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 or IC 16-36-7 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. Amended by P.L.50-2021, SEC.70.