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Public Act 094-0561
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| HB1517 Enrolled |
LRB094 09123 LCB 39353 b |
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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.
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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 |
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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 |
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disposition of remains shall be in substantially the following |
form:
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"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS
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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: |
.............................. |
.............................. |
..............................
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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: ................................... |
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Telephone Number:
.......................... |
Acceptance of Appointment:
................. |
Signature of Agent:
........................ |
Date of Signature:
.........................
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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:
....................
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2. Second Successor
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Name:
...................................... |
Address:
................................... |
Telephone Number:
.......................... |
Signature Indicating Acceptance of Appointment: ......... |
Date of Signature:
.............
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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 .............., ...........
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STATE OF .................. |
COUNTY OF .................
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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 ...................
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My Commission Expires: |
....................".
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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.
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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.
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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.
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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.
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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 |
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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.
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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 |
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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 |
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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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