Sec. 38. If a health care representative designated in an advance directive has authority to:
(1) make an anatomical gift on behalf of the declarant;
(2) authorize an autopsy of the declarant's remains; or
(3) direct the disposition of the declarant's remains;
under either the explicit provisions of the advance directive or section 34(5) of this chapter, the anatomical gift, autopsy, or remains disposition is considered the act of the declarant or of the person who has legal authority to make the necessary decisions.