§ 130A-420. Authority to dispose of body or body parts. - North Carolina Statutes

Part 7. Disposition of Body orBody Parts.

§ 130A‑420.  Authorityto dispose of body or body parts.

(a)        An individual atleast 18 years of age may authorize the type, place, and method of dispositionof the individual's own dead body by methods in the following order:

(1)        Pursuant to apreneed funeral contract executed pursuant to Article 13D of Chapter 90 of theGeneral Statutes or pursuant to a cremation authorization form executedpursuant to Article 13C of Chapter 90 of the General Statutes.

(2)        Pursuant to awritten will.

(3)        Pursuant to awritten statement other than a will signed by the individual and witnessed bytwo persons who are at least 18 years old.

(4)        Pursuant to a healthcare power of attorney to the extent provided in Article 3 of Chapter 32A ofthe General Statutes.

An individual may alsodelegate his or her right to dispose of his or her own dead human body to anyperson by any means authorized in subdivisions (1) through (3) of thissubsection.

(b)        If a decedent hasleft no written authorization for the disposal of the decedent's body aspermitted under subsection (a) of this section, the following competent personsin the order listed may authorize the type, method, place, and disposition ofthe decedent's body:

(1)        The survivingspouse.

(2)        A majority of thesurviving children over 18 years of age, who can be located after reasonableefforts.

(3)        The survivingparents.

(4)        A majority of thesurviving siblings over 18 years of age, who can be located after reasonableefforts.

(5)        A majority of thepersons in the classes of the next degrees of kinship, in descending order,who, under State law, would inherit the decedent's estate if the decedent diedintestate who are at least 18 years of age and can be located after reasonableefforts.

(6)        A person who hasexhibited special care and concern for the decedent and is willing and able tomake decisions about the disposition.

(7)        In the case ofindigents or any other individuals whose final disposition is theresponsibility of the State or any of its instrumentalities, a publicadministrator, medical examiner, coroner, State‑appointed guardian, orany other public official charged with arranging the final disposition of thedecedent.

(8)        In the case ofindividuals who have donated their bodies to science or whose death occurred ina nursing home or private institution and in which the institution is chargedwith making arrangements for the final disposition of the decedent, arepresentative of the institution.

(9)        In the absence ofany of the persons described in subdivisions (1) through (8) of thissubsection, any person willing to assume responsibility for the disposition ofthe body.

This subsection does not grantto any person the right to cancel a preneed funeral contract executed pursuantto Article 13D of Chapter 90 of the General Statutes, to prohibit thesubstitution of a preneed licensee as authorized under G.S. 90‑210.63, orto permit modification of preneed contracts under G.S. 90‑210.63A. If anindividual is incompetent at the time of the decedent's death, the individualshall be treated as if he or she predeceased the decedent. An attendingphysician may certify the incompetence of an individual and the certificationshall apply to the rights under this section only. Any individual under thissection may waive his or her rights under this subsection by any writtenstatement notarized by a notary public or signed by two witnesses.

(b1)      A person who doesnot exercise his or her right to dispose of the decedent's body undersubsection (b) of this section within five days of notification or 10 days fromthe date of death, whichever is earlier, shall be deemed to have waived his orher right to authorize disposition of the decedent's body or contestdisposition in accordance with this section.

(c)        An individual atleast 18 years of age may, in a writing signed by the individual, authorize thedisposition of one or more of the individual's body parts that has been or willbe removed. If the individual does not authorize the disposition, a person listedin subsection (b) of this section may authorize the disposition as if theindividual was deceased.

(d)        This section doesnot apply to the disposition of dead human bodies as anatomical gifts underPart 3A of Article 16 of Chapter 130A of the General Statutes or the right toperform autopsies under Part 2 of Article 16 of Chapter 130A of the GeneralStatutes.  (1997‑399,s. 34; 2007‑531, s. 26; 2008‑153, s. 8.)