Public Act 099-0417
 
HB3552 EnrolledLRB099 10412 HEP 30639 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Disposition of Remains Act is amended by 
changing Section 40 as follows:
 
    (755 ILCS 65/40)

    Sec. 40. Directions by decedent.  
    (a) A person may provide written directions for the 
disposition or designate an agent to direct the disposition, 
including cremation, of the person's remains in a will, a 
prepaid funeral or burial contract, a power of attorney that 
satisfies the provisions of Article IV-Powers of Attorney for 
Health Care of the Illinois Power of Attorney Act and contains 
a power to direct the disposition of remains, 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 include instructions regarding 
gender identity, including, but not limited to, instructions 
with respect to appearance, chosen name, and gender pronouns, 
regardless of whether the person has
obtained a court-ordered 
name change, changed the gender marker on any
identification 
document, or undergone any transition-related medical 
treatment.  The directions may be modified or revoked only by a 
subsequent writing signed by the person.  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.


    The changes made by this amendatory Act of the 94th General 
Assembly shall also apply to any written instrument that: (i) 
satisfies the provision of Article IV-Powers of Attorney for 
Health Care of the Illinois Power of Attorney Act; (ii) 
contains a power to direct the disposition of remains; and 
(iii) was created before the effective date of this amendatory 
Act.

    (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.



(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)