Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a funeral planning declaration substantially in the form set forth in section 13 of this chapter. A declaration may not be included in a will, a power of attorney, or a similar document.

will 560x170

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 29-2-19-8

  • 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
  • designee: means an individual directed by the terms of a declaration to:

    Indiana Code 29-2-19-3

  • disposition: has the meaning set forth in IC 25-15-2-7. See Indiana Code 29-2-19-4
  • funeral services: has the meaning set forth in IC 25-15-2-17. See Indiana Code 29-2-19-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Intestate: Dying without leaving a will.
  • merchandise: refers to personal property described in IC 30-2-13-8. See Indiana Code 29-2-19-7
  • 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
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testate: To die leaving a will.
     (b) A declaration must meet the following conditions:

(1) Be voluntary.

(2) Be in writing.

(3) Direct an individual to serve as the declarant‘s designee.

(4) Be signed by the person making the declaration or by another person in the declarant’s presence and at the direction of the declarant.

(5) Be dated.

(6) Be signed in the presence of at least two (2) competent witnesses who are at least eighteen (18) years of age.

     (c) The following may not be a witness to a declaration under subsection (b)(6):

(1) The person who signed the declaration on behalf of and at the direction of the declarant.

(2) A parent, spouse, or child of the declarant.

(3) An individual who is entitled to any part of the declarant’s estate whether the declarant dies testate or intestate, including an individual who could take from the declarant’s estate if the declarant’s will is declared invalid.

For purposes of subdivision (3), a person is not considered to be entitled to any part of the declarant’s estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant’s will.

     (d) A declaration is not binding upon a funeral home, a cemetery, any other person engaged in the business of providing funeral services, any other person selling merchandise or grave markers, or any other person providing a service or other property subject to the declaration until the person receives consideration for the service, merchandise, or other property. If any provision of a declaration conflicts with:

(1) IC 23-14-31;

(2) IC 23-14-33; or

(3) IC 25-15;

the provision contained in the declaration controls.

     (e) Except as provided in subsection (f), a declarant may not direct an individual who is:

(1) a provider of funeral services;

(2) responsible for any aspect of the disposition of the declarant’s remains; or

(3) associated with any entity that is responsible for providing funeral services or disposing of the declarant’s remains;

to be the declarant’s designee in a declaration executed under this chapter.

     (f) Subsection (e) does not apply to an individual who is related to the declarant by birth, marriage, or adoption.

As added by P.L.143-2009, SEC.14.

  Previous section
Next section  
 Chapter 19 Contents