Illinois General Assembly - Full Text of HB3552
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Full Text of HB3552  99th General Assembly

HB3552enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3552 EnrolledLRB099 10412 HEP 30639 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Disposition of Remains Act is amended by
5changing Section 40 as follows:
 
6    (755 ILCS 65/40)
7    Sec. 40. Directions by decedent.
8    (a) A person may provide written directions for the
9disposition or designate an agent to direct the disposition,
10including cremation, of the person's remains in a will, a
11prepaid funeral or burial contract, a power of attorney that
12satisfies the provisions of Article IV-Powers of Attorney for
13Health Care of the Illinois Power of Attorney Act and contains
14a power to direct the disposition of remains, a cremation
15authorization form that complies with the Crematory Regulation
16Act, or in a written instrument that satisfies the provisions
17of Sections 10 and 15 and that is signed by the person and
18notarized. The directions may include instructions regarding
19gender identity, including, but not limited to, instructions
20with respect to appearance, chosen name, and gender pronouns,
21regardless of whether the person has obtained a court-ordered
22name change, changed the gender marker on any identification
23document, or undergone any transition-related medical

 

 

HB3552 Enrolled- 2 -LRB099 10412 HEP 30639 b

1treatment. The directions may be modified or revoked only by a
2subsequent writing signed by the person. The person otherwise
3entitled to control the disposition of a decedent's remains
4under this Act shall faithfully carry out the directions of the
5decedent to the extent that the decedent's estate or the person
6controlling the disposition are financially able to do so.
7    The changes made by this amendatory Act of the 94th General
8Assembly shall also apply to any written instrument that: (i)
9satisfies the provision of Article IV-Powers of Attorney for
10Health Care of the Illinois Power of Attorney Act; (ii)
11contains a power to direct the disposition of remains; and
12(iii) was created before the effective date of this amendatory
13Act.
14    (b) If the directions are in a will, they shall be carried
15out immediately without the necessity of probate. If the will
16is not probated or is declared invalid for testamentary
17purposes, the directions are valid to the extent to which they
18have been acted on in good faith.
19(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)