Indiana – Next of Kin

Indiana law determines who can make decisions about funerals and body disposition — that is, burial or cremation — after someone dies. This right and responsibility goes to the following people, in order:

  • a person you name in a “funeral planning declaration” made before your death
  • your agent under a health care power of attorney
  • your surviving spouse
  • your adult child (if more than one, majority have to sign authorization)
  • your surviving parent (if both living, both have to sign)
  • your next of kin. (if more than one in any category, majority must sign)

(Indiana Code § 29-2-19-17.)

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