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| Public Act 096-1243 | ||||
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AN ACT concerning civil law.
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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 5. The Disposition of Remains Act is amended by | ||||
changing Section 5 as follows: | ||||
(755 ILCS 65/5)
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Sec. 5. Right to control disposition; priority. Unless a | ||||
decedent has left directions in writing for the disposition or | ||||
designated an agent to direct 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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Nothwithstanding provisions to the contrary, in the case of | ||
decedents who die while serving as members of the United States | ||
Armed Forces, the Illinois National Guard, or the United States | ||
Reserved Forces, as defined in Section 1481 of Title 10 of the | ||
United States Code, and who have executed the required U.S. | ||
Department of Defense Record of Emergency Data Form (DD Form | ||
93), or successor form, the person designated in such form to | ||
direct disposition of the decedent's remains shall have the | ||
right to control the disposition, including cremation, of the | ||
decedent's remains. | ||
(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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