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| Public Act 094-0561 |
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AN ACT concerning remains.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Disposition of Remains Act. | ||||
Section 5. Right to control disposition; priority. Unless a | ||||
decedent has left directions in writing for the disposition of | ||||
the decedent's remains as provided in Section 65 of the | ||||
Crematory Regulation Act or in subsection (a) of Section 40 of | ||||
this Act, the following persons, in the priority listed, have | ||||
the right to control the disposition, including cremation, of | ||||
the decedent's remains and are liable for the reasonable costs | ||||
of the disposition: | ||||
(1) the person designated in a written instrument that | ||||
satisfies the provisions of Sections 10 and 15 of this Act;
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(2) any person serving as executor or legal | ||||
representative of the decedent's estate and acting | ||||
according to the decedent's written instructions contained | ||||
in the decedent's will;
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(3) the individual who was the spouse of the decedent | ||||
at the time of the decedent's death;
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(4) the sole surviving competent adult child of the | ||||
decedent, or if there is more than one surviving competent | ||||
adult child of the decedent, the majority of the surviving | ||||
competent adult children; however, less than one-half of | ||||
the surviving adult children shall be vested with the | ||||
rights and duties of this Section if they have used | ||||
reasonable efforts to notify all other surviving competent | ||||
adult children of their instructions and are not aware of | ||||
any opposition to those instructions on the part of more | ||||
than one-half of all surviving competent adult children;
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(5) the surviving competent parents of the decedent; if | ||||
one of the surviving competent parents is absent, the | ||
remaining competent parent shall be vested with the rights | ||
and duties of this Act after reasonable efforts have been | ||
unsuccessful in locating the absent surviving competent | ||
parent;
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(6) the surviving competent adult person or persons | ||
respectively in the next degrees of kindred or, if there is | ||
more than one surviving competent adult person of the same | ||
degree of kindred, the majority of those persons; less than | ||
the majority of surviving competent adult persons of the | ||
same degree of kindred shall be vested with the rights and | ||
duties of this Act if those persons have used reasonable | ||
efforts to notify all other surviving competent adult | ||
persons of the same degree of kindred of their instructions | ||
and are not aware of any opposition to those instructions | ||
on the part of one-half or more of all surviving competent | ||
adult persons of the same degree of kindred;
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(7) in the case of indigents or any other individuals | ||
whose final disposition is the responsibility of the State | ||
or any of its instrumentalities, a public administrator, | ||
medical examiner, coroner, State appointed guardian, or | ||
any other public official charged with arranging the final | ||
disposition of the decedent;
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(8) in the case of individuals who have donated their | ||
bodies to science, or whose death occurred in a nursing | ||
home or other private institution, who have executed | ||
cremation authorization forms under Section 65 of the | ||
Crematory Regulation Act and the institution is charged | ||
with making arrangements for the final disposition of the | ||
decedent, a representative of the institution; or
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(9) any other person or organization that is willing to | ||
assume legal and financial responsibility.
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As used in Section, "adult" means any individual who has | ||
reached his or her eighteenth birthday.
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Section 10. Form. The written instrument authorizing the | ||
disposition of remains shall be in substantially the following | ||
form: | ||
"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS | ||
I, ................................, being of sound | ||
mind, willfully and voluntarily make known my desire that, | ||
upon my death, the disposition of my remains shall be | ||
controlled by ................... (name of agent) and, | ||
with respect to that subject only, I hereby appoint such | ||
person as my agent (attorney-in-fact). All decisions made | ||
by my agent with respect to the disposition of my remains, | ||
including cremation, shall be binding.
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SPECIAL DIRECTIONS: | ||
Set forth below are any special directions limiting | ||
the power granted to my agent: | ||
.............................. | ||
.............................. | ||
.............................. | ||
If the disposition of my remains is by cremation, then:
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( ) I do not wish to allow any of my survivors the option of | ||
canceling my cremation and selecting alternative arrangements, | ||
regardless of whether my survivors deem a change to be | ||
appropriate.
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( ) I wish to allow only the survivors I have designated below | ||
the option of canceling my cremation and selecting alternative | ||
arrangements, if they deem a change to be appropriate:
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AGENT:
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Name:
...................................... | ||
Address: ................................... | ||
Telephone Number:
.......................... | ||
Acceptance of Appointment:
................. | ||
Signature of Agent:
........................ | ||
Date of Signature:
......................... | ||
SUCCESSORS:
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If my agent dies, becomes legally disabled, resigns, or | ||
refuses to act, I hereby appoint the following persons | ||
(each to act alone and successively, in the order named) to | ||
serve as my agent (attorney-in-fact) to control the | ||
disposition of my remains as authorized by this document:
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1. First Successor
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Name:
...................................... | ||
Address:
................................... | ||
Telephone Number:
.......................... | ||
Signature Indicating Acceptance of Appointment:
......... | ||
Date of Signature:
.................... | ||
2. Second Successor
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Name:
...................................... | ||
Address:
................................... | ||
Telephone Number:
.......................... | ||
Signature Indicating Acceptance of Appointment: ......... | ||
Date of Signature:
............. | ||
DURATION:
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This appointment becomes effective upon my death.
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PRIOR APPOINTMENTS REVOKED:
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I hereby revoke any prior appointment of any person to | ||
control the disposition of my remains.
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RELIANCE:
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I hereby agree that any cemetery organization, | ||
business operating a crematory or columbarium or both, | ||
funeral director or embalmer, or funeral establishment who | ||
receives a copy of this document may act under it. Any | ||
modification or revocation of this document is not | ||
effective as to any such party until that party receives | ||
actual notice of the modification or revocation. No such | ||
party shall be liable because of reliance on a copy of this | ||
document.
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ASSUMPTION:
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THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS | ||
APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS | ||
PROVIDED HEREIN.
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Signed this ...... day of .............., ........... | ||
STATE OF .................. | ||
COUNTY OF ................. | ||
BEFORE ME, the undersigned, a Notary Public, on this | ||
day personally appeared ...................., proved to me | ||
on the basis of satisfactory evidence to be the person | ||
whose name is subscribed to the foregoing instrument and | ||
acknowledged to me that he/she executed the same for the | ||
purposes and consideration therein expressed.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day | ||
of ................, 2........
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Printed Name:
............................. | ||
Notary Public, State of ................... | ||
My Commission Expires: | ||
....................". | ||
Section 15. Requirements for written instrument. A written | ||
instrument is legally sufficient under Section 5 if the wording | ||
of the instrument complies substantially with Section 10, the | ||
instrument is properly completed, the instrument is signed by | ||
the decedent, the agent, and each successor agent, and the | ||
signature of the decedent is notarized. The written instrument | ||
may be modified or revoked only by a subsequent written | ||
instrument that complies with this Section. | ||
Section 20. Duties of authorized agent. | ||
(a) A person listed in Section 5 has the right, duty, and | ||
liability provided by that Section only if there is no person | ||
in a priority listed before the person.
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(b) If any person who would otherwise have the right to | ||
control disposition pursuant to Section 5 has been charged with | ||
first or second degree murder or voluntary manslaughter in | ||
connection with the decedent's death and those charges are | ||
known to the funeral director or cemetery authority, that | ||
person's right to control is relinquished and passed on to the | ||
next listed person or group of persons in accordance with | ||
Section 5.
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Section 25. Body parts. In the case of body parts, a | ||
representative of the institution that has arranged with a | ||
funeral home, cemetery, or crematory authority to cremate or | ||
make other appropriate disposition of the body parts may serve | ||
as the authorizing agent. | ||
Section 30. Prohibition of cremation; written | ||
instructions. No person shall be allowed to authorize cremation | ||
when a decedent has left written instructions that he or she | ||
does not wish to be cremated. | ||
Section 35. Misrepresentation; liability. A person who | ||
represents that he or she knows the identity of a decedent and, | ||
in order to procure the disposition, including cremation, of | ||
the decedent's remains, signs an order or statement, other than | ||
a death certificate, warrants the identity of the decedent and | ||
is liable for all damages that result, directly or indirectly, | ||
from that warrant. | ||
Section 40. Directions by decedent. | ||
(a) A person may provide written directions for the | ||
disposition, including cremation, of the person's remains in a | ||
will, a prepaid funeral or burial contract, a cremation | ||
authorization form that complies with the Crematory Regulation | ||
Act, or in a written instrument that satisfies the provisions | ||
of Sections 10 and 15 and that is signed by the person and | ||
notarized. The directions may be modified or revoked only by a | ||
subsequent writing signed by the person and notarized. The | ||
person otherwise entitled to control the disposition of a | ||
decedent's remains under this Act shall faithfully carry out | ||
the directions of the decedent to the extent that the | ||
decedent's estate or the person controlling the disposition are | ||
financially able to do so.
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(b) If the directions are in a will, they shall be carried | ||
out immediately without the necessity of probate. If the will | ||
is not probated or is declared invalid for testamentary | ||
purposes, the directions are valid to the extent to which they | ||
have been acted on in good faith.
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Section 45. Liability. There shall be no liability for a | ||
cemetery organization, a business operating a crematory or | ||
columbarium or both, a funeral director or an embalmer, or a | ||
funeral establishment that carries out the written directions | ||
of a decedent or the directions of any person who represents | ||
that the person is entitled to control the disposition of the | ||
decedent's remains. Nothing herein shall be intended or | ||
construed to reduce or eliminate liability for the gross | ||
negligence or willful acts of any cemetery organization, | ||
business operating a crematory or columbarium or both, funeral | ||
director or embalmer, or funeral establishment. | ||
Section 50. Disputes. Any dispute among any of the persons | ||
listed in Section 5 concerning their right to control the | ||
disposition, including cremation, of a decedent's remains | ||
shall be resolved by a court of competent jurisdiction. A | ||
cemetery organization or funeral establishment shall not be | ||
liable for refusing to accept the decedent's remains, or to | ||
inter or otherwise dispose of the decedent's remains, until it | ||
receives a court order or other suitable confirmation that the | ||
dispute has been resolved or settled.
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Section 300. The Crematory Regulation Act is amended by | ||
changing Section 15 as follows:
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(410 ILCS 18/15)
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Sec. 15. Authorizing agent. The priority of the person or | ||
persons who have the right to serve as the authorizing agent | ||
for cremation is in the same priority as provided for in | ||
Section 5 of the Disposition of Remains Act.
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(a) The following persons, in the priority listed, shall
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have the right to serve as an authorizing agent:
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(1) The individual who was the spouse of the decedent | ||
at the time of
the decedent's death, except as set forth in | ||
paragraphs (2) or (3) of this
subsection.
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(2) Any person acting on the instructions of a decedent | ||
who authorized his
or her own cremation through the | ||
execution, on a pre-need basis, of a cremation
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authorization form under Section 70, unless the | ||
authorization specifically
provides for a designated | ||
survivor to alter the arrangements under subsection
(b) of | ||
Section 70, and the designated survivor has contacted the
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crematory authority and expressed the desire to alter the | ||
arrangements.
The actions of such a designated survivor, | ||
however, shall not
prevent another individual, who has a | ||
priority right superior to that of
the designated survivor | ||
according to this Section, from authorizing the
cremation | ||
of the decedent by executing a new cremation authorization | ||
form.
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(3) Any person serving as executor or legal | ||
representative of
a decedent's estate and acting according | ||
to the decedent's written
instructions.
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(4) The decedent's surviving adult children. If there | ||
is more than one
adult child, any adult child, who confirms | ||
in writing the notification of all
other adult children, | ||
may serve as the authorizing agent, unless the crematory
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authority receives a written objection to the cremation | ||
from another adult
child.
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(5) The decedent's surviving parent. If the decedent is | ||
survived
by 2 parents, either parent may serve as the | ||
authorizing agent unless
the crematory authority receives | ||
a written objection to the cremation from the
other parent.
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(6) The person in the next degree of kinship under the | ||
laws of descent and
distribution to inherit the estate of | ||
the decedent. If there is more than one
person of the same | ||
degree, any person of that degree may serve as the
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authorizing agent.
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(7) In the case of indigents or any other individuals | ||
whose final
disposition is the responsibility of the State | ||
or any of its instrumentalities,
a public administrator, | ||
medical examiner, coroner, State appointed guardian, or
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any other public official charged with arranging the final | ||
disposition of the
decedent may serve as the authorizing | ||
agent.
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(8) In the case of individuals who have donated their | ||
bodies to science or
whose death occurred in a nursing home | ||
or other private institution, who have
executed cremation | ||
authorization forms under Section 65 and the institution is
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charged with making arrangements for the final disposition | ||
of the decedent, a
representative of the institution may | ||
serve as the authorizing agent.
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(9) In the absence of any person under paragraphs (1) | ||
through (8), any
person willing to assume the | ||
responsibility as authorizing agent, as specified
in this | ||
Act.
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(b) In the case of body parts, a representative of the | ||
institution that has
arranged with the crematory authority to | ||
cremate the body part may serve as the
authorizing agent.
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(c) No person may serve or shall be allowed to serve as an | ||
authorizing
agent when a decedent has left instructions in the | ||
manner provided under
subsection (a) of this Section that they | ||
do not wish to be cremated.
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(Source: P.A. 87-1187.)
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