SB2673 Engrossed LRB094 18964 LCT 54429 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     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)
7     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;
18          (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;
22          (3) the individual who was the spouse of the decedent
23     at the time of the decedent's death;
24          (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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1     than one-half of all surviving competent adult children;
2          (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;
8          (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;
20          (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;
26          (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
33          (9) any other person or organization that is willing
34     to assume legal and financial responsibility.
35     As used in Section, "adult" means any individual who has
36 reached his or her eighteenth birthday.

 

 

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1 (Source: P.A. 94-561, eff. 1-1-06.)
 
2     (755 ILCS 65/10)
3     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.
 
16     SPECIAL DIRECTIONS:
17          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:
 
23 ( ) 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.
 
27 ( ) 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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1 arrangements, if they deem a change to be appropriate:
2     ......................................................
3     ......................................................
4     ......................................................
 
5     ASSUMPTION:
 
6         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:
14     Name: ......................................
15     Address: ...................................
16     Telephone Number: ..........................
17     Signature Indicating Acceptance of Appointment:
18 .................
19     Signature of Agent: ........................
20     Date of Signature: .........................
 
21     SUCCESSORS:
22         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:
 
27     1. First Successor
 
28     Name: ......................................
29     Address: ...................................
30     Telephone Number: ..........................

 

 

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1     Signature Indicating Acceptance of Appointment: .........
2     Date of Signature: ....................
 
3     2. Second Successor
 
4     Name: ......................................
5     Address: ...................................
6     Telephone Number: ..........................
7     Signature Indicating Acceptance of Appointment: .........
8     Date of Signature: .............
 
9     DURATION:
10     This appointment becomes effective upon my death.
 
11     PRIOR APPOINTMENTS REVOKED:
12         I hereby revoke any prior appointment of any person to
13     control the disposition of my remains.
 
14     RELIANCE:
15         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.
24     ASSUMPTION:
 
25         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
26     APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
27     PROVIDED HEREIN.
 
 
28     Signed this ...... day of .............., ...........
 

 

 

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1      .........................................
 
2     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.
 
10     GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day
11     of ................, 2........
 
12     ..........................................
 
13     Printed Name: .............................
14     Notary Public, State of ...................
 
15     My Commission Expires:
16     ....................".
17 (Source: P.A. 94-561, eff. 1-1-06.)
 
18     (755 ILCS 65/15)
19     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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1 instrument may be modified or revoked only by a subsequent
2 written instrument that complies with this Section.
3 (Source: P.A. 94-561, eff. 1-1-06.)
 
4     (755 ILCS 65/40)
5     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 and
16 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.
23     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.
30     (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.
35 (Source: P.A. 94-561, eff. 1-1-06.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.