Illinois General Assembly - Full Text of Public Act 096-1243
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Public Act 096-1243





Public Act 096-1243
HB5678 EnrolledLRB096 17049 KTG 35895 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Disposition of Remains Act is amended by
changing Section 5 as follows:
    (755 ILCS 65/5)
    Sec. 5. Right to control disposition; priority. Unless a
decedent has left directions in writing for the disposition or
designated an agent to direct the disposition of the decedent's
remains as provided in Section 65 of the Crematory Regulation
Act or in subsection (a) of Section 40 of this Act, the
following persons, in the priority listed, have the right to
control the disposition, including cremation, of the
decedent's remains and are liable for the reasonable costs of
the disposition:
        (1) the person designated in a written instrument that
    satisfies the provisions of Sections 10 and 15 of this Act;
        (2) any person serving as executor or legal
    representative of the decedent's estate and acting
    according to the decedent's written instructions contained
    in the decedent's will;
        (3) the individual who was the spouse of the decedent
    at the time of the decedent's death;
        (4) the sole surviving competent adult child of the
    decedent, or if there is more than one surviving competent
    adult child of the decedent, the majority of the surviving
    competent adult children; however, less than one-half of
    the surviving adult children shall be vested with the
    rights and duties of this Section if they have used
    reasonable efforts to notify all other surviving competent
    adult children of their instructions and are not aware of
    any opposition to those instructions on the part of more
    than one-half of all surviving competent adult children;
        (5) the surviving competent parents of the decedent; if
    one of the surviving competent parents is absent, the
    remaining competent parent shall be vested with the rights
    and duties of this Act after reasonable efforts have been
    unsuccessful in locating the absent surviving competent
        (6) the surviving competent adult person or persons
    respectively in the next degrees of kindred or, if there is
    more than one surviving competent adult person of the same
    degree of kindred, the majority of those persons; less than
    the majority of surviving competent adult persons of the
    same degree of kindred shall be vested with the rights and
    duties of this Act if those persons have used reasonable
    efforts to notify all other surviving competent adult
    persons of the same degree of kindred of their instructions
    and are not aware of any opposition to those instructions
    on the part of one-half or more of all surviving competent
    adult persons of the same degree of kindred;
        (7) in the case of indigents or any other individuals
    whose final disposition is the responsibility of the State
    or any of its instrumentalities, a public administrator,
    medical examiner, coroner, State appointed guardian, or
    any other public official charged with arranging the final
    disposition of the decedent;
        (8) in the case of individuals who have donated their
    bodies to science, or whose death occurred in a nursing
    home or other private institution, who have executed
    cremation authorization forms under Section 65 of the
    Crematory Regulation Act and the institution is charged
    with making arrangements for the final disposition of the
    decedent, a representative of the institution; or
        (9) any other person or organization that is willing to
    assume legal and financial responsibility.
    As used in Section, "adult" means any individual who has
reached his or her eighteenth birthday.
    Nothwithstanding provisions to the contrary, in the case of
decedents who die while serving as members of the United States
Armed Forces, the Illinois National Guard, or the United States
Reserved Forces, as defined in Section 1481 of Title 10 of the
United States Code, and who have executed the required U.S.
Department of Defense Record of Emergency Data Form (DD Form
93), or successor form, the person designated in such form to
direct disposition of the decedent's remains shall have the
right to control the disposition, including cremation, of the
decedent's remains.
(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/23/2010