Sen. Kwame Raoul

Filed: 2/14/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2673

2     AMENDMENT NO. ______. Amend Senate Bill 2673 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

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1     decedent, or if there is more than one surviving competent
2     adult child of the decedent, the majority of the surviving
3     competent adult children; however, less than one-half of
4     the surviving adult children shall be vested with the
5     rights and duties of this Section if they have used
6     reasonable efforts to notify all other surviving competent
7     adult children of their instructions and are not aware of
8     any opposition to those instructions on the part of more
9     than one-half of all surviving competent adult children;
10          (5) the surviving competent parents of the decedent;
11     if one of the surviving competent parents is absent, the
12     remaining competent parent shall be vested with the rights
13     and duties of this Act after reasonable efforts have been
14     unsuccessful in locating the absent surviving competent
15     parent;
16          (6) the surviving competent adult person or persons
17     respectively in the next degrees of kindred or, if there is
18     more than one surviving competent adult person of the same
19     degree of kindred, the majority of those persons; less than
20     the majority of surviving competent adult persons of the
21     same degree of kindred shall be vested with the rights and
22     duties of this Act if those persons have used reasonable
23     efforts to notify all other surviving competent adult
24     persons of the same degree of kindred of their instructions
25     and are not aware of any opposition to those instructions
26     on the part of one-half or more of all surviving competent
27     adult persons of the same degree of kindred;
28          (7) in the case of indigents or any other individuals
29     whose final disposition is the responsibility of the State
30     or any of its instrumentalities, a public administrator,
31     medical examiner, coroner, State appointed guardian, or
32     any other public official charged with arranging the final
33     disposition of the decedent;
34          (8) in the case of individuals who have donated their

 

 

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1     bodies to science, or whose death occurred in a nursing
2     home or other private institution, who have executed
3     cremation authorization forms under Section 65 of the
4     Crematory Regulation Act and the institution is charged
5     with making arrangements for the final disposition of the
6     decedent, a representative of the institution; or
7          (9) any other person or organization that is willing
8     to assume legal and financial responsibility.
9     As used in Section, "adult" means any individual who has
10 reached his or her eighteenth birthday.
11 (Source: P.A. 94-561, eff. 1-1-06.)
 
12     (755 ILCS 65/10)
13     Sec. 10. Form. The written instrument authorizing the
14 disposition of remains under paragraph (1) of Section 5 of this
15 Act shall be in substantially the following form:
 
16
"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS

 
17         I, ................................, being of sound
18     mind, willfully and voluntarily make known my desire that,
19     upon my death, the disposition of my remains shall be
20     controlled by ................... (name of agent first
21     named below) and, with respect to that subject only, I
22     hereby appoint such person as my agent (attorney-in-fact).
23     All decisions made by my agent with respect to the
24     disposition of my remains, including cremation, shall be
25     binding.
 
26     SPECIAL DIRECTIONS:
27          Set forth below are any special directions limiting
28     the power granted to my agent:
29     ..............................

 

 

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1     ..............................
2     ..............................
 
3 If the disposition of my remains is by cremation, then:
 
4 ( ) I do not wish to allow any of my survivors the option of
5 canceling my cremation and selecting alternative arrangements,
6 regardless of whether my survivors deem a change to be
7 appropriate.
 
8 ( ) I wish to allow only the survivors I have designated below
9 the option of canceling my cremation and selecting alternative
10 arrangements, if they deem a change to be appropriate:
11     ......................................................
12     ......................................................
13     ......................................................
 
14     ASSUMPTION:
 
15         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
16     APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
17     PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN
18     AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT
19     SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY
20     NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE
21     AGENT ACTING AT ANY TIME IS REQUIRED.
 
22     AGENT:
23     Name: ......................................
24     Address: ...................................
25     Telephone Number: ..........................
26     Signature Indicating Acceptance of Appointment:
27 .................
28     Signature of Agent: ........................

 

 

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1     Date of Signature: .........................
 
2     SUCCESSORS:
3         If my agent dies, becomes legally disabled, resigns, or
4     refuses to act, I hereby appoint the following persons
5     (each to act alone and successively, in the order named) to
6     serve as my agent (attorney-in-fact) to control the
7     disposition of my remains as authorized by this document:
 
8     1. First Successor
 
9     Name: ......................................
10     Address: ...................................
11     Telephone Number: ..........................
12     Signature Indicating Acceptance of Appointment: .........
13     Date of Signature: ....................
 
14     2. Second Successor
 
15     Name: ......................................
16     Address: ...................................
17     Telephone Number: ..........................
18     Signature Indicating Acceptance of Appointment: .........
19     Date of Signature: .............
 
20     DURATION:
21     This appointment becomes effective upon my death.
 
22     PRIOR APPOINTMENTS REVOKED:
23         I hereby revoke any prior appointment of any person to
24     control the disposition of my remains.
 
25     RELIANCE:
26         I hereby agree that any cemetery organization,

 

 

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1     business operating a crematory or columbarium or both,
2     funeral director or embalmer, or funeral establishment who
3     receives a copy of this document may act under it. Any
4     modification or revocation of this document is not
5     effective as to any such party until that party receives
6     actual notice of the modification or revocation. No such
7     party shall be liable because of reliance on a copy of this
8     document.
9     ASSUMPTION:
 
10         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
11     APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
12     PROVIDED HEREIN.
 
 
13     Signed this ...... day of .............., ...........
 
14      .........................................
 
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     ..........................................
 

 

 

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1     Printed Name: .............................
2     Notary Public, State of ...................
 
3     My Commission Expires:
4     ....................".
5 (Source: P.A. 94-561, eff. 1-1-06.)
 
6     (755 ILCS 65/15)
7     Sec. 15. Requirements for written instrument under
8 paragraph (1) of Section 5 of this Act. A written instrument is
9 legally sufficient under paragraph (1) of Section 5 if the
10 wording of the instrument complies substantially with Section
11 10, the instrument is properly completed, the instrument is
12 signed by the decedent and , the agent, and each successor
13 agent, and the signature of the decedent is notarized. The
14 agent may sign at any time, but the agent's authority to act is
15 not effective until the agent signs the instrument. The written
16 instrument may be modified or revoked only by a subsequent
17 written instrument that complies with this Section.
18 (Source: P.A. 94-561, eff. 1-1-06.)
 
19     (755 ILCS 65/40)
20     Sec. 40. Directions by decedent.
21     (a) A person may provide written directions for the
22 disposition or designate an agent to direct the disposition,
23 including cremation, of the person's remains in a will, a
24 prepaid funeral or burial contract, a power of attorney that
25 satisfies the provisions of Article IV-Powers of Attorney for
26 Health Care of the Illinois Power of Attorney Act and contains
27 a power to direct the disposition of remains, a cremation
28 authorization form that complies with the Crematory Regulation
29 Act, or in a written instrument that satisfies the provisions
30 of Sections 10 and 15 and that is signed by the person and

 

 

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1 notarized. The directions may be modified or revoked only by a
2 subsequent writing signed by the person. and notarized. The
3 person otherwise entitled to control the disposition of a
4 decedent's remains under this Act shall faithfully carry out
5 the directions of the decedent to the extent that the
6 decedent's estate or the person controlling the disposition are
7 financially able to do so.
8     The changes made by this amendatory Act of the 94th General
9 Assembly shall also apply to any written instrument that: (i)
10 satisfies the provision of Article IV-Powers of Attorney for
11 Health Care of the Illinois Power of Attorney Act; (ii)
12 contains a power to direct the disposition of remains; and
13 (iii) was created before the effective date of this amendatory
14 Act.
15     (b) If the directions are in a will, they shall be carried
16 out immediately without the necessity of probate. If the will
17 is not probated or is declared invalid for testamentary
18 purposes, the directions are valid to the extent to which they
19 have been acted on in good faith.
20 (Source: P.A. 94-561, eff. 1-1-06.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.".