Full Text of HB1517 94th General Assembly
HB1517enr 94TH GENERAL ASSEMBLY
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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 | 5 |
| Disposition of Remains Act. | 6 |
| Section 5. Right to control disposition; priority. Unless a | 7 |
| decedent has left directions in writing for the disposition of | 8 |
| the decedent's remains as provided in Section 65 of the | 9 |
| Crematory Regulation Act or in subsection (a) of Section 40 of | 10 |
| this Act, the following persons, in the priority listed, have | 11 |
| the right to control the disposition, including cremation, of | 12 |
| the decedent's remains and are liable for the reasonable costs | 13 |
| of the disposition: | 14 |
| (1) the person designated in a written instrument that | 15 |
| satisfies the provisions of Sections 10 and 15 of this Act;
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| (2) any person serving as executor or legal | 17 |
| representative of the decedent's estate and acting | 18 |
| according to the decedent's written instructions contained | 19 |
| in the decedent's will;
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| (3) the individual who was the spouse of the decedent | 21 |
| at the time of the decedent's death;
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| (4) the sole surviving competent adult child of the | 23 |
| decedent, or if there is more than one surviving competent | 24 |
| adult child of the decedent, the majority of the surviving | 25 |
| competent adult children; however, less than one-half of | 26 |
| the surviving adult children shall be vested with the | 27 |
| rights and duties of this Section if they have used | 28 |
| reasonable efforts to notify all other surviving competent | 29 |
| adult children of their instructions and are not aware of | 30 |
| any opposition to those instructions on the part of more | 31 |
| 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 | 2 |
| remaining competent parent shall be vested with the rights | 3 |
| and duties of this Act after reasonable efforts have been | 4 |
| unsuccessful in locating the absent surviving competent | 5 |
| parent;
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| (6) the surviving competent adult person or persons | 7 |
| respectively in the next degrees of kindred or, if there is | 8 |
| more than one surviving competent adult person of the same | 9 |
| degree of kindred, the majority of those persons; less than | 10 |
| the majority of surviving competent adult persons of the | 11 |
| same degree of kindred shall be vested with the rights and | 12 |
| duties of this Act if those persons have used reasonable | 13 |
| efforts to notify all other surviving competent adult | 14 |
| persons of the same degree of kindred of their instructions | 15 |
| and are not aware of any opposition to those instructions | 16 |
| on the part of one-half or more of all surviving competent | 17 |
| adult persons of the same degree of kindred;
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| (7) in the case of indigents or any other individuals | 19 |
| whose final disposition is the responsibility of the State | 20 |
| or any of its instrumentalities, a public administrator, | 21 |
| medical examiner, coroner, State appointed guardian, or | 22 |
| any other public official charged with arranging the final | 23 |
| disposition of the decedent;
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| (8) in the case of individuals who have donated their | 25 |
| bodies to science, or whose death occurred in a nursing | 26 |
| home or other private institution, who have executed | 27 |
| cremation authorization forms under Section 65 of the | 28 |
| Crematory Regulation Act and the institution is charged | 29 |
| with making arrangements for the final disposition of the | 30 |
| decedent, a representative of the institution; or
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| (9) any other person or organization that is willing to | 32 |
| assume legal and financial responsibility.
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| As used in Section, "adult" means any individual who has | 34 |
| 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 | 2 |
| form: | 3 |
| "APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS | 4 |
| I, ................................, being of sound | 5 |
| mind, willfully and voluntarily make known my desire that, | 6 |
| upon my death, the disposition of my remains shall be | 7 |
| controlled by ................... (name of agent) and, | 8 |
| with respect to that subject only, I hereby appoint such | 9 |
| person as my agent (attorney-in-fact). All decisions made | 10 |
| by my agent with respect to the disposition of my remains, | 11 |
| including cremation, shall be binding.
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| SPECIAL DIRECTIONS: | 13 |
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Set forth below are any special directions limiting | 14 |
| the power granted to my agent: | 15 |
| .............................. | 16 |
| .............................. | 17 |
| .............................. | 18 |
| 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 | 20 |
| canceling my cremation and selecting alternative arrangements, | 21 |
| regardless of whether my survivors deem a change to be | 22 |
| appropriate.
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| ( ) I wish to allow only the survivors I have designated below | 24 |
| the option of canceling my cremation and selecting alternative | 25 |
| arrangements, if they deem a change to be appropriate:
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| AGENT:
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| Name:
...................................... | 28 |
| Address: ................................... |
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| Telephone Number:
.......................... | 2 |
| Acceptance of Appointment:
................. | 3 |
| Signature of Agent:
........................ | 4 |
| Date of Signature:
......................... | 5 |
| SUCCESSORS:
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| If my agent dies, becomes legally disabled, resigns, or | 7 |
| refuses to act, I hereby appoint the following persons | 8 |
| (each to act alone and successively, in the order named) to | 9 |
| serve as my agent (attorney-in-fact) to control the | 10 |
| disposition of my remains as authorized by this document:
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| 1. First Successor
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| Name:
...................................... | 13 |
| Address:
................................... | 14 |
| Telephone Number:
.......................... | 15 |
| Signature Indicating Acceptance of Appointment:
......... | 16 |
| Date of Signature:
.................... | 17 |
| 2. Second Successor
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| Name:
...................................... | 19 |
| Address:
................................... | 20 |
| Telephone Number:
.......................... | 21 |
| Signature Indicating Acceptance of Appointment: ......... | 22 |
| Date of Signature:
............. | 23 |
| 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 | 27 |
| control the disposition of my remains.
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| RELIANCE:
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| I hereby agree that any cemetery organization, | 2 |
| business operating a crematory or columbarium or both, | 3 |
| funeral director or embalmer, or funeral establishment who | 4 |
| receives a copy of this document may act under it. Any | 5 |
| modification or revocation of this document is not | 6 |
| effective as to any such party until that party receives | 7 |
| actual notice of the modification or revocation. No such | 8 |
| party shall be liable because of reliance on a copy of this | 9 |
| document.
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| ASSUMPTION:
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| THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS | 12 |
| APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS | 13 |
| PROVIDED HEREIN.
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| Signed this ...... day of .............., ........... | 15 |
| STATE OF .................. | 16 |
| COUNTY OF ................. | 17 |
| BEFORE ME, the undersigned, a Notary Public, on this | 18 |
| day personally appeared ...................., proved to me | 19 |
| on the basis of satisfactory evidence to be the person | 20 |
| whose name is subscribed to the foregoing instrument and | 21 |
| acknowledged to me that he/she executed the same for the | 22 |
| purposes and consideration therein expressed.
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| GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day | 24 |
| of ................, 2........
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| Printed Name:
............................. | 26 |
| Notary Public, State of ................... |
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| My Commission Expires: | 2 |
| ....................". | 3 |
| Section 15. Requirements for written instrument. A written | 4 |
| instrument is legally sufficient under Section 5 if the wording | 5 |
| of the instrument complies substantially with Section 10, the | 6 |
| instrument is properly completed, the instrument is signed by | 7 |
| the decedent, the agent, and each successor agent, and the | 8 |
| signature of the decedent is notarized. The written instrument | 9 |
| may be modified or revoked only by a subsequent written | 10 |
| instrument that complies with this Section. | 11 |
| Section 20. Duties of authorized agent. | 12 |
| (a) A person listed in Section 5 has the right, duty, and | 13 |
| liability provided by that Section only if there is no person | 14 |
| in a priority listed before the person.
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| (b) If any person who would otherwise have the right to | 16 |
| control disposition pursuant to Section 5 has been charged with | 17 |
| first or second degree murder or voluntary manslaughter in | 18 |
| connection with the decedent's death and those charges are | 19 |
| known to the funeral director or cemetery authority, that | 20 |
| person's right to control is relinquished and passed on to the | 21 |
| next listed person or group of persons in accordance with | 22 |
| Section 5.
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| Section 25. Body parts. In the case of body parts, a | 24 |
| representative of the institution that has arranged with a | 25 |
| funeral home, cemetery, or crematory authority to cremate or | 26 |
| make other appropriate disposition of the body parts may serve | 27 |
| as the authorizing agent. | 28 |
| Section 30. Prohibition of cremation; written | 29 |
| instructions. No person shall be allowed to authorize cremation | 30 |
| when a decedent has left written instructions that he or she | 31 |
| does not wish to be cremated. |
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| Section 35. Misrepresentation; liability. A person who | 2 |
| represents that he or she knows the identity of a decedent and, | 3 |
| in order to procure the disposition, including cremation, of | 4 |
| the decedent's remains, signs an order or statement, other than | 5 |
| a death certificate, warrants the identity of the decedent and | 6 |
| is liable for all damages that result, directly or indirectly, | 7 |
| from that warrant. | 8 |
| Section 40. Directions by decedent. | 9 |
| (a) A person may provide written directions for the | 10 |
| disposition, including cremation, of the person's remains in a | 11 |
| will, a prepaid funeral or burial contract, a cremation | 12 |
| authorization form that complies with the Crematory Regulation | 13 |
| Act, or in a written instrument that satisfies the provisions | 14 |
| of Sections 10 and 15 and that is signed by the person and | 15 |
| notarized. The directions may be modified or revoked only by a | 16 |
| subsequent writing signed by the person and notarized. The | 17 |
| person otherwise entitled to control the disposition of a | 18 |
| decedent's remains under this Act shall faithfully carry out | 19 |
| the directions of the decedent to the extent that the | 20 |
| decedent's estate or the person controlling the disposition are | 21 |
| financially able to do so.
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| (b) If the directions are in a will, they shall be carried | 23 |
| out immediately without the necessity of probate. If the will | 24 |
| is not probated or is declared invalid for testamentary | 25 |
| purposes, the directions are valid to the extent to which they | 26 |
| have been acted on in good faith.
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| Section 45. Liability. There shall be no liability for a | 28 |
| cemetery organization, a business operating a crematory or | 29 |
| columbarium or both, a funeral director or an embalmer, or a | 30 |
| funeral establishment that carries out the written directions | 31 |
| of a decedent or the directions of any person who represents | 32 |
| that the person is entitled to control the disposition of the | 33 |
| decedent's remains. Nothing herein shall be intended or |
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| construed to reduce or eliminate liability for the gross | 2 |
| negligence or willful acts of any cemetery organization, | 3 |
| business operating a crematory or columbarium or both, funeral | 4 |
| director or embalmer, or funeral establishment. | 5 |
| Section 50. Disputes. Any dispute among any of the persons | 6 |
| listed in Section 5 concerning their right to control the | 7 |
| disposition, including cremation, of a decedent's remains | 8 |
| shall be resolved by a court of competent jurisdiction. A | 9 |
| cemetery organization or funeral establishment shall not be | 10 |
| liable for refusing to accept the decedent's remains, or to | 11 |
| inter or otherwise dispose of the decedent's remains, until it | 12 |
| receives a court order or other suitable confirmation that the | 13 |
| dispute has been resolved or settled.
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| Section 300. The Crematory Regulation Act is amended by | 15 |
| 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 | 18 |
| persons who have the right to serve as the authorizing agent | 19 |
| for cremation is in the same priority as provided for in | 20 |
| 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 | 24 |
| at the time of
the decedent's death, except as set forth in | 25 |
| paragraphs (2) or (3) of this
subsection.
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| (2) Any person acting on the instructions of a decedent | 27 |
| who authorized his
or her own cremation through the | 28 |
| execution, on a pre-need basis, of a cremation
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| authorization form under Section 70, unless the | 30 |
| authorization specifically
provides for a designated | 31 |
| survivor to alter the arrangements under subsection
(b) of | 32 |
| 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, | 2 |
| however, shall not
prevent another individual, who has a | 3 |
| priority right superior to that of
the designated survivor | 4 |
| according to this Section, from authorizing the
cremation | 5 |
| of the decedent by executing a new cremation authorization | 6 |
| form.
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| (3) Any person serving as executor or legal | 8 |
| representative of
a decedent's estate and acting according | 9 |
| to the decedent's written
instructions.
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| (4) The decedent's surviving adult children. If there | 11 |
| is more than one
adult child, any adult child, who confirms | 12 |
| in writing the notification of all
other adult children, | 13 |
| may serve as the authorizing agent, unless the crematory
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| authority receives a written objection to the cremation | 15 |
| from another adult
child.
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| (5) The decedent's surviving parent. If the decedent is | 17 |
| survived
by 2 parents, either parent may serve as the | 18 |
| authorizing agent unless
the crematory authority receives | 19 |
| 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 | 21 |
| laws of descent and
distribution to inherit the estate of | 22 |
| the decedent. If there is more than one
person of the same | 23 |
| 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 | 26 |
| whose final
disposition is the responsibility of the State | 27 |
| or any of its instrumentalities,
a public administrator, | 28 |
| medical examiner, coroner, State appointed guardian, or
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| any other public official charged with arranging the final | 30 |
| disposition of the
decedent may serve as the authorizing | 31 |
| agent.
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| (8) In the case of individuals who have donated their | 33 |
| bodies to science or
whose death occurred in a nursing home | 34 |
| or other private institution, who have
executed cremation | 35 |
| 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 | 2 |
| serve as the authorizing agent.
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| (9) In the absence of any person under paragraphs (1) | 4 |
| through (8), any
person willing to assume the | 5 |
| responsibility as authorizing agent, as specified
in this | 6 |
| Act.
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| (b) In the case of body parts, a representative of the | 8 |
| institution that has
arranged with the crematory authority to | 9 |
| 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 | 11 |
| authorizing
agent when a decedent has left instructions in the | 12 |
| manner provided under
subsection (a) of this Section that they | 13 |
| do not wish to be cremated.
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| (Source: P.A. 87-1187.)
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