HB1517 Enrolled LRB094 09123 LCB 39353 b

1     AN ACT concerning remains.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     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;
16         (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;
20         (3) the individual who was the spouse of the decedent
21     at the time of the decedent's death;
22         (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;
32         (5) the surviving competent parents of the decedent; if

 

 

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1     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;
6         (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;
18         (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;
24         (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
31         (9) any other person or organization that is willing to
32     assume legal and financial responsibility.
33     As used in Section, "adult" means any individual who has
34 reached his or her eighteenth birthday.
 
35     Section 10. Form. The written instrument authorizing the

 

 

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1 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.
 
12     SPECIAL DIRECTIONS:
13          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:
 
19 ( ) 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.
 
23 ( ) 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:
 
26     AGENT:
27     Name: ......................................
28     Address: ...................................

 

 

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1     Telephone Number: ..........................
2     Acceptance of Appointment: .................
3     Signature of Agent: ........................
4     Date of Signature: .........................
 
5     SUCCESSORS:
6         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:
 
11     1. First Successor
 
12     Name: ......................................
13     Address: ...................................
14     Telephone Number: ..........................
15     Signature Indicating Acceptance of Appointment: .........
16     Date of Signature: ....................
 
17     2. Second Successor
 
18     Name: ......................................
19     Address: ...................................
20     Telephone Number: ..........................
21     Signature Indicating Acceptance of Appointment: .........
22     Date of Signature: .............
 
23     DURATION:
24     This appointment becomes effective upon my death.
 
25     PRIOR APPOINTMENTS REVOKED:
26         I hereby revoke any prior appointment of any person to
27     control the disposition of my remains.
 
28     RELIANCE:

 

 

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1         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.
 
10     ASSUMPTION:
 
11         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
12     APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
13     PROVIDED HEREIN.
 
14     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.
 
23     GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day
24     of ................, 2........
 
 
25     Printed Name: .............................
26     Notary Public, State of ...................
 

 

 

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1     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.
15     (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.
 
23     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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1     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.
22     (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.
 
27     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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1 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.
 
14     Section 300. The Crematory Regulation Act is amended by
15 changing Section 15 as follows:
 
16     (410 ILCS 18/15)
17     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.
21     (a) The following persons, in the priority listed, shall
22 have the right to serve as an authorizing agent:
23         (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.
26         (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
29     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
33     crematory authority and expressed the desire to alter the

 

 

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1     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.
7         (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.
10         (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
14     authority receives a written objection to the cremation
15     from another adult child.
16         (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.
20         (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
24     authorizing agent.
25         (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
29     any other public official charged with arranging the final
30     disposition of the decedent may serve as the authorizing
31     agent.
32         (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
36     charged with making arrangements for the final disposition

 

 

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1     of the decedent, a representative of the institution may
2     serve as the authorizing agent.
3         (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.
7     (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.
10     (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.
14 (Source: P.A. 87-1187.)