*24844 GS 130A-420
WEST’S NORTH CAROLINA STATUTES
CHAPTER 130A. PUBLIC HEALTH
ARTICLE 16. POSTMORTEM INVESTIGATION AND DISPOSITION
PART 7, DISPOSITION OF BODY OR BODY PARTS
S 130A-420. Authority to dispose of body or body parts
(a) An individual at least 18 years of age may authorize the disposition of the individual’s own dead body in a written will, pursuant to a health care power of attorney to the extent provided in Article 3 of Chapter 32A of the General Statutes, pursuant to a preneed funeral contract executed to Article 13D of Chapter 90 of the General Statutes, pursuant to a cremation authorization form executed pursuant to Article 13C of Chapter 90 of the General Statutes, or in a written statement signed by the individual and witnessed by two persons who are at least 18 years old.
(b) If a decedent has left no written authorization for the disposal of the decedent’s body as permitted under subsection (a) of this section, the following competent persons in the order listed may authorize the type, method, place, and disposition of the decedent’s body:
(1) The surviving spouse.
(2) A majority of the surviving children.
(3) The surviving parents.
(4) A majority of the surviving siblings.
(5) A majority of the persons in the class of the next degree of kinship, in descending order, who, under state law, would inherit the decedent’s estate if the decedent died intestate.
(6) A person who has exhibited special care and concern for the decedent and is willing and able to make decisions about disposition.
This subsection does not grant to any person the right to cancel a preneed funeral contract executed pursuant to Article 13D of Chapter 90 of the General Statutes or to prohibit the substitution of a preneed licensee as authorized under G.S. 90-210.63.
(c) An individual at least 18 years of age may, in a writing signed by the individual, authorize the disposition of one or more of the individual’s body parts that has been or will be removed. If the individual does not authorize the disposition, a person listed in subsection (b) of this section may authorize the disposition as if the individual was deceased.
*2484 (d) This section does not apply to the disposition of dead human bodies as anatomical gifts under Part 3 of Article 16 of Chapter 130A of the General Statutes or the right to perform autopsies under Part 2 of Article 16 of Chapter 130A of the General Statutes.