Full Text of SB2673 94th General Assembly
SB2673eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| changing Sections 5, 10, 15, and 40 as follows: | 6 |
| (755 ILCS 65/5)
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| Sec. 5. Right to control disposition; priority. Unless a | 8 |
| decedent has left directions in writing for the disposition or | 9 |
| designated an agent to direct the disposition of the decedent's | 10 |
| remains as provided in Section 65 of the Crematory Regulation | 11 |
| Act or in subsection (a) of Section 40 of this Act, the | 12 |
| following persons, in the priority listed, have the right to | 13 |
| control the disposition, including cremation, of the | 14 |
| decedent's remains and are liable for the reasonable costs of | 15 |
| the disposition: | 16 |
| (1) the person designated in a written instrument that | 17 |
| satisfies the provisions of Sections 10 and 15 of this Act;
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(2) any person serving as executor or legal | 19 |
| representative of the decedent's estate and acting | 20 |
| according to the decedent's written instructions contained | 21 |
| in the decedent's will;
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(3) the individual who was the spouse of the decedent | 23 |
| at the time of the decedent's death;
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(4) the sole surviving competent adult child of the | 25 |
| decedent, or if there is more than one surviving competent | 26 |
| adult child of the decedent, the majority of the surviving | 27 |
| competent adult children; however, less than one-half of | 28 |
| the surviving adult children shall be vested with the | 29 |
| rights and duties of this Section if they have used | 30 |
| reasonable efforts to notify all other surviving competent | 31 |
| adult children of their instructions and are not aware of | 32 |
| any opposition to those instructions on the part of more |
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| than one-half of all surviving competent adult children;
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(5) the surviving competent parents of the decedent; | 3 |
| if one of the surviving competent parents is absent, the | 4 |
| remaining competent parent shall be vested with the rights | 5 |
| and duties of this Act after reasonable efforts have been | 6 |
| unsuccessful in locating the absent surviving competent | 7 |
| parent;
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(6) the surviving competent adult person or persons | 9 |
| respectively in the next degrees of kindred or, if there is | 10 |
| more than one surviving competent adult person of the same | 11 |
| degree of kindred, the majority of those persons; less than | 12 |
| the majority of surviving competent adult persons of the | 13 |
| same degree of kindred shall be vested with the rights and | 14 |
| duties of this Act if those persons have used reasonable | 15 |
| efforts to notify all other surviving competent adult | 16 |
| persons of the same degree of kindred of their instructions | 17 |
| and are not aware of any opposition to those instructions | 18 |
| on the part of one-half or more of all surviving competent | 19 |
| adult persons of the same degree of kindred;
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(7) in the case of indigents or any other individuals | 21 |
| whose final disposition is the responsibility of the State | 22 |
| or any of its instrumentalities, a public administrator, | 23 |
| medical examiner, coroner, State appointed guardian, or | 24 |
| any other public official charged with arranging the final | 25 |
| disposition of the decedent;
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(8) in the case of individuals who have donated their | 27 |
| bodies to science, or whose death occurred in a nursing | 28 |
| home or other private institution, who have executed | 29 |
| cremation authorization forms under Section 65 of the | 30 |
| Crematory Regulation Act and the institution is charged | 31 |
| with making arrangements for the final disposition of the | 32 |
| decedent, a representative of the institution; or
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(9) any other person or organization that is willing | 34 |
| to assume legal and financial responsibility.
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| As used in Section, "adult" means any individual who has | 36 |
| reached his or her eighteenth birthday.
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| (Source: P.A. 94-561, eff. 1-1-06.) | 2 |
| (755 ILCS 65/10)
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| Sec. 10. Form. The written instrument authorizing the | 4 |
| disposition of remains under paragraph (1) of Section 5 of this | 5 |
| Act shall be in substantially the following form: | 6 |
| "APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS | 7 |
| I, ................................, being of sound | 8 |
| mind, willfully and voluntarily make known my desire that, | 9 |
| upon my death, the disposition of my remains shall be | 10 |
| controlled by ................... (name of agent first | 11 |
| named below ) and, with respect to that subject only, I | 12 |
| hereby appoint such person as my agent (attorney-in-fact). | 13 |
| All decisions made by my agent with respect to the | 14 |
| disposition of my remains, including cremation, shall be | 15 |
| binding.
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| SPECIAL DIRECTIONS: | 17 |
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Set forth below are any special directions limiting | 18 |
| the power granted to my agent: | 19 |
| .............................. | 20 |
| .............................. | 21 |
| .............................. | 22 |
| 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 | 24 |
| canceling my cremation and selecting alternative arrangements, | 25 |
| regardless of whether my survivors deem a change to be | 26 |
| appropriate.
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| ( ) I wish to allow only the survivors I have designated below | 28 |
| the option of canceling my cremation and selecting alternative |
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| arrangements, if they deem a change to be appropriate:
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| ......................................................
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| ......................................................
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| ......................................................
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| ASSUMPTION:
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| THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS | 7 |
| APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS | 8 |
| PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN | 9 |
| AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT | 10 |
| SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY | 11 |
| NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE | 12 |
| AGENT ACTING AT ANY TIME IS REQUIRED. | 13 |
| AGENT:
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| Name:
...................................... | 15 |
| Address: ................................... | 16 |
| Telephone Number:
.......................... | 17 |
| Signature Indicating Acceptance of Appointment:
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| ................. | 19 |
| Signature of Agent:
........................ | 20 |
| Date of Signature:
......................... | 21 |
| SUCCESSORS:
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| If my agent dies, becomes legally disabled, resigns, or | 23 |
| refuses to act, I hereby appoint the following persons | 24 |
| (each to act alone and successively, in the order named) to | 25 |
| serve as my agent (attorney-in-fact) to control the | 26 |
| disposition of my remains as authorized by this document:
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| 1. First Successor
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| Name:
...................................... | 29 |
| Address:
................................... | 30 |
| Telephone Number:
.......................... |
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| Signature Indicating Acceptance of Appointment:
......... | 2 |
| Date of Signature:
.................... | 3 |
| 2. Second Successor
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| Name:
...................................... | 5 |
| Address:
................................... | 6 |
| Telephone Number:
.......................... | 7 |
| Signature Indicating Acceptance of Appointment: ......... | 8 |
| Date of Signature:
............. | 9 |
| 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 | 13 |
| control the disposition of my remains.
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| RELIANCE:
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| I hereby agree that any cemetery organization, | 16 |
| business operating a crematory or columbarium or both, | 17 |
| funeral director or embalmer, or funeral establishment who | 18 |
| receives a copy of this document may act under it. Any | 19 |
| modification or revocation of this document is not | 20 |
| effective as to any such party until that party receives | 21 |
| actual notice of the modification or revocation. No such | 22 |
| party shall be liable because of reliance on a copy of this | 23 |
| document.
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| ASSUMPTION:
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| THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS | 26 |
| APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS | 27 |
| PROVIDED HEREIN.
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| Signed this ...... day of .............., ........... |
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.........................................
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| STATE OF .................. | 3 |
| COUNTY OF ................. | 4 |
| BEFORE ME, the undersigned, a Notary Public, on this | 5 |
| day personally appeared ...................., proved to me | 6 |
| on the basis of satisfactory evidence to be the person | 7 |
| whose name is subscribed to the foregoing instrument and | 8 |
| acknowledged to me that he/she executed the same for the | 9 |
| purposes and consideration therein expressed.
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| GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day | 11 |
| of ................, 2........
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| ..........................................
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| Printed Name:
............................. | 14 |
| Notary Public, State of ................... | 15 |
| My Commission Expires: | 16 |
| ....................".
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| (Source: P.A. 94-561, eff. 1-1-06.) | 18 |
| (755 ILCS 65/15)
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| Sec. 15. Requirements for written instrument under | 20 |
| paragraph (1) of Section 5 of this Act . A written instrument is | 21 |
| legally sufficient under paragraph (1) of Section 5 if the | 22 |
| wording of the instrument complies substantially with Section | 23 |
| 10, the instrument is properly completed, the instrument is | 24 |
| signed by the decedent and , the agent , and each successor | 25 |
| agent, and the signature of the decedent is notarized. The | 26 |
| agent may sign at any time, but the agent's authority to act is | 27 |
| not effective until the agent signs the instrument. The written |
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| instrument may be modified or revoked only by a subsequent | 2 |
| written instrument that complies with this Section.
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| (Source: P.A. 94-561, eff. 1-1-06.) | 4 |
| (755 ILCS 65/40)
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| Sec. 40. Directions by decedent. | 6 |
| (a) A person may provide written directions for the | 7 |
| disposition or designate an agent to direct the disposition , | 8 |
| including cremation, of the person's remains in a will, a | 9 |
| prepaid funeral or burial contract, a power of attorney that | 10 |
| satisfies the provisions of Article IV-Powers of Attorney for | 11 |
| Health Care of the Illinois Power of Attorney Act and contains | 12 |
| a power to direct the disposition of remains, a cremation | 13 |
| authorization form that complies with the Crematory Regulation | 14 |
| Act, or in a written instrument that satisfies the provisions | 15 |
| of Sections 10 and 15 and that is signed by the person
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| notarized. The directions may be modified or revoked only by a | 17 |
| subsequent writing signed by the person .
and notarized. The | 18 |
| person otherwise entitled to control the disposition of a | 19 |
| decedent's remains under this Act shall faithfully carry out | 20 |
| the directions of the decedent to the extent that the | 21 |
| decedent's estate or the person controlling the disposition are | 22 |
| financially able to do so.
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| The changes made by this amendatory Act of the 94th General | 24 |
| Assembly shall also apply to any written instrument that: (i) | 25 |
| satisfies the provision of Article IV-Powers of Attorney for | 26 |
| Health Care of the Illinois Power of Attorney Act; (ii) | 27 |
| contains a power to direct the disposition of remains; and | 28 |
| (iii) was created before the effective date of this amendatory | 29 |
| Act.
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| (b) If the directions are in a will, they shall be carried | 31 |
| out immediately without the necessity of probate. If the will | 32 |
| is not probated or is declared invalid for testamentary | 33 |
| purposes, the directions are valid to the extent to which they | 34 |
| have been acted on in good faith.
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| (Source: P.A. 94-561, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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