reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-2. Heirs and Beneficiaries; Charitable or Marital Deduction or Exemption

Sec. 2. Unless a decedent shall otherwise direct by will, the federal estate tax imposed upon decedent's estate, shall be apportioned among all of the persons, heirs and beneficiaries of decedent's estate who receive any property which is includable in the total gross estate of said decedent for the purpose of determining the amount of federal estate tax to be paid by said estate, Provided, That no part of the federal estate tax shall be apportioned against property which, in the absence of any apportionment whatsoever, whould qualify for any charitable, marital or other deduction or exemption, nor against recipients of such property on account thereof.
Formerly: Acts 1969, c.175, s.2.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-3. Payment; Recovery

Sec. 3. The personal representative of decedent's estate or the person paying the federal estate tax imposed upon said estate by said United States revenue code shall be entitled to recover such tax so paid proportionately from each such person, heir, or beneficiary as is provided in this chapter.
Formerly: Acts 1969, c.175, s.3. As amended by P.L.136-2018, SEC.219.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-4. Method of Apportionment

Sec. 4. The portion of the federal estate tax to be paid by each person, heir, or beneficiary of a decedent's estate shall be determined by dividing the value of the property received by the person, heir, or beneficiary, which is included in the net taxable estate, by the amount of the net taxable estate, and multiplying the result by the amount of the total federal estate tax paid.
Formerly: Acts 1969, c.175, s.4. As amended by P.L.36-2011, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-5. Liens

Sec. 5. That portion of said federal estate tax apportioned to each person, heir, or beneficiary receiving property as aforesaid, shall constitute a lien upon the property received by said person, heir or beneficiary until the amount thereof has been paid or reimbursed to the personal representative of decedent's estate or the person other than the personal representative who has paid such tax.
Formerly: Acts 1969, c.175, s.5.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-6. Deduction of Amounts; Action for Recovery

Sec. 6. The personal representative of decedent's estate shall, prior to final distribution of the estate, deduct the amount of federal estate tax apportioned to each heir or beneficiary, if such personal representative is in possession of sufficient property distributable to such heir or beneficiary to pay such apportioned share of said federal estate tax. In the event that such personal representative does not have property of at least the value of such apportioned share of said federal estate tax, said personal representative may recover such apportioned share by an action in court.
Formerly: Acts 1969, c.175, s.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-7. Will Providing for Payment

Sec. 7. (a) This chapter shall not be applicable to estates where the decedent has, by will, provided for the payment of federal estate tax either by the estate or by the residue of the estate.
(b) A specific direction in a will to pay federal estate tax from the testator's estate or the residue of the estate shall be considered a provision for payment under subsection (a).
Formerly: Acts 1969, c.175, s.7. As amended by Acts 1982, P.L.171, SEC.73; P.L.266-1989, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-1. Disposition of Property; Insufficient Evidence of Survivorship

Sec. 1. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
Formerly: Acts 1941, c.49, s.1. As amended by Acts 1982, P.L.171, SEC.74.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-2. Beneficiaries Taking Successively Under Another's Disposition of Property

Sec. 2. Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Formerly: Acts 1941, c.49, s.2.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-3. Joint Tenants; Tenants by Entirety

Sec. 3. Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (1/2) as if one (1) had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one (1) bears to the whole number of joint tenants.
Formerly: Acts 1941, c.49, s.3.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-4. Life or Accident Insurance

Sec. 4. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Formerly: Acts 1941, c.49, s.4.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-5. Prior Death

Sec. 5. This chapter shall not apply to the distribution of the property of a person who has died before it takes effect.
Formerly: Acts 1941, c.49, s.5. As amended by Acts 1982, P.L.171, SEC.75.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-6. Wills, Living Trusts; Deeds; Insurance

Sec. 6. This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
Formerly: Acts 1941, c.49, s.6. As amended by Acts 1982, P.L.171, SEC.76.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-7. Uniformity of Interpretation

Sec. 7. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
Formerly: Acts 1941, c.49, s.7. As amended by Acts 1982, P.L.171, SEC.77.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 14. Uniform Simultaneous Death Act › 29-2-14-8. Short Title

Sec. 8. This chapter may be cited as the Uniform Simultaneous Death Act.
Formerly: Acts 1941, c.49, s.8. As amended by Acts 1982, P.L.171, SEC.78.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-2. Chapter Application

Sec. 2. This chapter applies to:
(1) an anatomical gift;
(2) an amendment to an anatomical gift;
(3) a revocation of an anatomical gift; or
(4) a refusal to make an anatomical gift.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-3. Persons Who May Make Anatomical Gifts During the Lifetime of a Donor

Sec. 3. Subject to section 7 of this chapter, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 4 of this chapter by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(A) emancipated; or
(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;
(2) an agent, a health care representative, or a proxy (as defined by IC 16-36-7-20) of the donor, unless the health care power of attorney, advance directive, or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is not emancipated; or
(4) the donor's guardian.
As added by P.L.147-2007, SEC.12. Amended by P.L.50-2021, SEC.69.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-4. Methods of Making Anatomical Gifts

Sec. 4. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on:
(A) the donor's driver's license or identification card under IC 9-24-17; or
(B) the donor's resident hunting, fishing, or trapping license under IC 14-22-12-1;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication directed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under section 3 of this chapter may make a gift by:
(1) a donor card or other record signed by the donor or other person making the gift; or
(2) authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.
(c) If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in subdivision (1).
(d) Revocation, suspension, expiration, or cancellation of:
(1) a driver's license;
(2) an identification card; or
(3) the donor's resident hunting, fishing, or trapping license;
that indicates an anatomical gift does not invalidate the gift.
(e) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
(f) Neither the state nor any organ recovery health care provider (as defined by IC 34-18-2-14) is civilly liable as a result of an individual making an unrevoked anatomical gift under this chapter.
As added by P.L.147-2007, SEC.12. Amended by P.L.11-2020, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-5. Amendment or Revocation of Anatomical Gifts

Sec. 5. (a) Subject to section 7 of this chapter, a donor or other person authorized to make an anatomical gift under section 3 of this chapter may amend or revoke an anatomical gift by:
(1) a record signed by:
(A) the donor;
(B) the other person; or
(C) subject to subsection (b), another individual acting at the direction of the donor or the other person authorized to make an anatomical gift if the donor or other person is physically unable to sign; or
(2) a later executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed under subsection (a)(1)(C) must:
(1) be witnessed by two (2) adults, at least one (1) of whom is a disinterested witness, who are witnesses at the request of the donor or the other person authorized to make an anatomical gift; and
(2) state that the record has been signed and witnessed as described in subdivision (1).
(c) Subject to section 7 of this chapter, a donor or other person authorized to make an anatomical gift under section 3 of this chapter may revoke an anatomical gift by the destruction or cancellation of the:
(1) document of gift; or
(2) portion of the document of gift used to make the gift;
with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift as described in subsection (a).
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-6. Refusal of Anatomical Gifts

Sec. 6. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, including if the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury to at least two (2) adults, and one (1) of the adults must be a disinterested witness.
(b) A record signed under subsection (a)(1)(B) must:
(1) be witnessed by two (2) adults, at least one (1) of whom is a disinterested witness, who are witnesses at the request of the donor or the other person acting at the direction of the donor; and
(2) state that the record has been signed and witnessed as described in subdivision (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner described in subsection (a);
(2) by subsequently making an anatomical gift under section 4 of this chapter that is inconsistent with the refusal; or
(3) by destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as provided in section 7(h) of this chapter, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars another person from making an anatomical gift of the individual's body or part.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-7. Persons Prohibited From Making, Amending, or Revoking an Anatomical Gift; Donor Revocation of an Anatomical Gift; Unemancipated Minors

Sec. 7. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 4 of this chapter or an amendment to an anatomical gift of the donor's body or part under section 5 of this chapter.
(b) A donor's revocation of an anatomical gift of the donor's body or part under section 5 of this chapter is not a refusal and does not bar the person specified in section 3 or 8 of this chapter from making an anatomical gift of the donor's body or part under section 4 or 9 of this chapter.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 4 of this chapter or an amendment to an anatomical gift of the donor's body or part under section 5 of this chapter, another person may not make, amend, or revoke the gift of the donor's body or part under section 9 of this chapter.
(d) A revocation of an anatomical gift of a donor's body or part under section 5 of this chapter by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 4 or 9 of this chapter.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 3 of this chapter, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 3 of this chapter, an anatomical gift of a part for one (1) or more of the purposes set forth in section 3 of this chapter is not a limitation on the making of an anatomical gift of the part for any of the other purposes of the donor or any other person under section 4 or 9 of this chapter.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
As added by P.L.147-2007, SEC.12. Amended by P.L.3-2008, SEC.226.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-8. Priority of Persons Authorized to Make an Anatomical Gift of a Decedent's Body or Part

Sec. 8. (a) Subject to subsections (b) and (c), unless barred by section 6 or 7 of this chapter, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who are reasonably available, in the order of priority listed:
(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.
(2) The spouse of the decedent.
(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.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-9. Anatomical Gift Documents; Amendments; Revocations

Sec. 9. (a) A person authorized to make an anatomical gift under section 8 of this chapter may make an anatomical gift by a document or may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person authorized under section 8 of this chapter may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under section 8 of this chapter may be:
(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-11. Searches for Documents of Gift or Refusal

Sec. 11. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death in a hospital for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) An organ procurement organization.
(2) A tissue bank.
(3) An eye bank.
(4) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person is not subject to civil liability for failing to discharge the duties imposed by this section but may be subject to criminal liability or administrative sanctions.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-12. Petitions to Determine Anatomical Gift or Revocation of Anatomical Gift

Sec. 12. (a) The individual's attending physician, or, if none, the:
(1) physician that certifies the individual's death;
(2) hospital where the individual is admitted;
(3) hospital where the individual's remains are being kept; or
(4) individual identified in section 8(a) of this chapter;
may petition a court with probate jurisdiction in the county where the remains of the individual who is the subject of the petition are located, or the county in which the individual died, for the information referred to in subsection (b).
(b) A person identified in subsection (a) may petition the court with probate jurisdiction specified in subsection (a) to determine whether the individual:
(1) made a written anatomical gift under section 4 of this chapter or IC 9-24-17; or
(2) made a written revocation of an anatomical gift under section 5 of this chapter or under IC 9-24-17.
(c) If the court with probate jurisdiction determines under subsection (b) that the individual made a written anatomical gift that was not subsequently revoked in writing by the individual, the court shall order that the anatomical gift of an organ, tissue, or an eye be recovered.
(d) The court with probate jurisdiction may modify or waive notice and a hearing if the court determines that a delay would have a serious adverse effect on:
(1) the medical viability of the individual; or
(2) the viability of the individual's anatomical gift of an organ, tissue, or an eye.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-13. Organ or Tissue Donor Queries for Hospital Patients

Sec. 13. (a) As used in this section:
(1) "Administrator" means a hospital administrator or a hospital administrator's designee.
(2) "Gift" means a gift of all or any part of the human body made under this chapter.
(3) "Representative" means a person who is:
(A) authorized under section 8 of this chapter to make a gift on behalf of a decedent; and
(B) available at the time of the decedent's death when members of a prior class under section 8 of this chapter are unavailable.
(b) An administrator of each hospital or the administrator's designee may ask each patient who is at least eighteen (18) years of age if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
(c) The governing board of each hospital shall adopt procedures to determine under what circumstances an administrator or an administrator's designee may ask a patient if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
(d) The administrator shall inform the representative of the procedures available under this chapter for making a gift whenever:
(1) an individual dies in a hospital;
(2) the hospital has not been notified that a gift has been authorized under section 4 of this chapter; and
(3) a procurement organization determines that the individual's body may be suitable of yielding a gift.
(e) If:
(1) an individual makes an anatomical gift on the individual's driver's license or identification card under IC 9-24-17; and
(2) the individual dies in a hospital;
the person in possession of the individual's driver's license or identification card shall immediately produce the driver's license or identification card for examination upon request, as provided in section 10(l) of this chapter.
(f) A gift made in response to information provided under this section must be signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message.
(g) When a representative is informed under this section about the procedures available for making a gift, the fact that the representative was so informed must be noted in the decedent's medical record.
(h) A person who fails to discharge the duties imposed by this section is not subject to civil liability but may be subject to criminal liability or administrative sanctions.
As added by P.L.147-2007, SEC.12. Amended by P.L.1-2010, SEC.114.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-14. Documents of Gift

Sec. 14. (a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 10 of this chapter.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-16. Hospital Agreements With Procurement Organizations

Sec. 16. Each hospital in Indiana shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-17. Liability; Immunity

Sec. 17. (a) A person who acts in accordance with this chapter is not liable for the act in a civil action or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 8(a)(2), 8(a)(3), 8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(d) A health care provider is immune from civil liability for following a donor's unrevoked anatomical gift directive under this chapter or IC 9-24-17.
(e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of an anatomical gift.
(f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes to be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other parts from a decedent's body;
is not liable in damages in any civil action brought against the donor for that act.
As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-18. Validity of a Document of Gift

Sec. 18. (a) A document of gift is valid if executed in accordance with:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this chapter, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-19. Bmv, Pla, and Dnr Cooperation With Donor Registries; Requirements of Registry; Personally Identifiable Information

Sec. 19. (a) The bureau of motor vehicles, the professional licensing agency, and the department of natural resources shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(b) A donor registry must:
(1) allow a donor or other person authorized under section 4 of this chapter to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) be accessible to a procurement organization and to coroners to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3) be accessible for purposes of subdivisions (1) and (2) seven (7) days a week on a twenty-four (24) hour basis.
(c) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(d) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (b) and (c).
As added by P.L.147-2007, SEC.12. Amended by P.L.11-2020, SEC.4; P.L.16-2022, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-20. Declarations and Advance Health Care Directives; Procurement Organizations

Sec. 20. (a) As used in this section:
(1) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3) "Health care decision" means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health care directive, unless the directive expressly states the contrary, hospitals must use measures necessary to allow a procurement agency to determine the medical suitability of an organ for transplantation or therapy by insuring that life support is not withdrawn from the prospective donor before consultation with the appropriate procurement agency to determine medical potential for donation. The procurement organization shall make every effort to determine donor potential within approximately two (2) hours from the time the procurement organization is contacted by the hospital. A hospital may, in accordance with a donor's declaration or advance health care directive, withdraw life support from the prospective donor if the procurement organization has not made a determination of donor potential within six (6) hours from the time the procurement organization is contacted by the hospital.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 16.1. Revised Uniform Anatomical Gift Act › 29-2-16.1-21. Coroner Cooperation With Procurement Organizations; Postmortem Examinations; Removal of a Part of Organ From a Decedent

Sec. 21. (a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, education, or training.
(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with IC 36-2-14-22.6(f), the coroner or designee shall, when practicable, conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. If a coroner conducts a postmortem examination outside of a compatible period, the coroner must document why examination occurred outside of a compatible period. It is considered sufficient documentation if the coroner documents that additional time was necessary to conduct an adequate medicolegal examination.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or pathologist from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner or from using the body or parts of a decedent under the jurisdiction of the coroner for the purposes of research, education, or training required by the coroner or pathologist.
As added by P.L.147-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 18. Platting of Certain Property › 29-2-18-1. Platting; Town Lots

Sec. 1. Whenever any lands are ordered by any court to be sold, on the application of any guardian, executor or administrator, the court ordering such sale may, in their discretion, authorize such guardian, executor or administrator, previous to such sale, to lay out such lands, or a portion thereof, in town lots, and to make the necessary dedication to public use of streets, alleys and squares therein; but before any sale of such lots shall take place, and before a plat of such lots, streets, alleys and squares shall be recorded in the recorder's office─the same, with a plat thereof, shall be reported to such court for approval or rejection. If confirmed by the court, such plat shall be recorded as other plats of like nature are recorded, and shall have the same validity in law as if made by a legal proprietor of such lands who is eighteen (18) years of age or over.
Formerly: Acts 1853, c.49, s.1; Acts 1973, P.L.287, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 18. Platting of Certain Property › 29-2-18-2. Land Not for Sale

Sec. 2. Whenever it shall be manifestly to the interest of a protected person, the court may, under the restrictions provided in section 1 of this chapter, authorize the guardian of the protected person to lay out any portion of the estate in the manner and with the legal effect provided in section 1, as though the land was not designed for sale.
Formerly: Acts 1853, c.49, s.2. As amended by Acts 1982, P.L.171, SEC.85; P.L.33-1989, SEC.55.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-3. "Designee"

Sec. 3. As used in this chapter, "designee" means an individual directed by the terms of a declaration to:
(1) carry out the funeral plan of the declarant as set forth in the declaration; or
(2) make any arrangements concerning the disposition of the declarant's remains, funeral services, merchandise, and ceremonies that are delegated to the designee in the declaration.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-8. Funeral Planning Declaration; Requirements

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.
(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.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-9. Funeral Planning Declaration; Declarant's Preferences

Sec. 9. A declaration may specify the declarant's preferences concerning any of the following:
(1) The disposition of the declarant's remains after the declarant's death.
(2) Who may direct the disposition of the declarant's remains.
(3) Who may provide funeral services after the declarant's death.
(4) The ceremonial arrangements to be performed after the declarant's death.
(5) The merchandise that the declarant prefers for the disposition of the declarant's remains and any ceremonial arrangements.
(6) Who may direct the ceremonial arrangements to be performed after the declarant's death.
(7) A grave memorial.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-10. Conflict Resolution

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.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-11. Immunity for Good Faith Reliance

Sec. 11. (a) A person who acts in good faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.
(b) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that:
(1) the declaration was validly executed; and
(2) the declarant was competent at the time the declaration was executed.
(c) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-12. Funeral Planning Declaration; Form Required; Additional Directions Permitted

Sec. 12. A declaration must be substantially in the form set forth in section 13 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific direction does not affect the validity of the declaration.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-14. Revocation

Sec. 14. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration with the intent to revoke the declaration.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-15. Effect of Dissolution, Annulment, or Separation

Sec. 15. Except as otherwise expressly provided in a declaration, a subsequent:
(1) dissolution of marriage;
(2) annulment of marriage;
(3) legal separation of the declarant and the declarant's spouse; or
(4) court determination that the declarant and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrates an absence of due affection, trust, and regard for the declarant;
automatically revokes a delegation of authority in a declaration to the declarant's spouse to direct the disposition of the declarant's body or to make all arrangements concerning funeral services and other ceremonies after the declarant's death.
As added by P.L.143-2009, SEC.14. Amended by P.L.34-2011, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-16. Law Governing a Designee Who Is Unable or Unwilling to Serve

Sec. 16. Except as otherwise provided in a declaration, section 17 of this chapter controls if a person to whom a declaration delegates the authority to make arrangements after a declarant's death is unable or unwilling to serve.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-18. Reliance on Out-of-State Declarations

Sec. 18. A person in Indiana may rely on a declaration or similar instrument that was executed in another state and that complies with the requirements of this chapter to the extent that an action requested by the declarant in the declaration or similar instrument does not violate any federal or Indiana law or any ordinance or regulation of a political subdivision.
As added by P.L.143-2009, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 19. Funeral Planning Declaration › 29-2-19-19. Actions to Contest the Validity of a Funeral Planning Declaration

Sec. 19. An action to contest the validity of any declaration made under this chapter must be:
(1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7;
(2) filed in the circuit court, superior court, or probate court of the county in which the declarant's remains are located;
(3) expedited on the docket of the circuit court, superior court, or probate court as a matter requiring priority; and
(4) accompanied by a bond, cash deposit, or other surety sufficient to guarantee that the hospital, nursing home, funeral home, or other institution holding the declarant's remains is compensated for the storage charges incurred while the action is pending.
As added by P.L.143-2009, SEC.14. Amended by P.L.84-2016, SEC.131.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-1.6. "Catalogue of Electronic Communications"

Sec. 1.6. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5.
As added by P.L.137-2016, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-2. "Claim"

Sec. 2. "Claim" means, with respect to an incapacitated person or a minor, any liability of the incapacitated person or minor, whether arising in contract, tort, or otherwise, and any liability against an incapacitated person's or a minor's property that arises before, at, or after the appointment of a guardian, including expenses of administration.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.56.