Illinois General Assembly - Full Text of Public Act 099-0417
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Public Act 099-0417





Public Act 099-0417
HB3552 EnrolledLRB099 10412 HEP 30639 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 40 as follows:
    (755 ILCS 65/40)
    Sec. 40. Directions by decedent.
    (a) A person may provide written directions for the
disposition or designate an agent to direct the disposition,
including cremation, of the person's remains in a will, a
prepaid funeral or burial contract, a power of attorney that
satisfies the provisions of Article IV-Powers of Attorney for
Health Care of the Illinois Power of Attorney Act and contains
a power to direct the disposition of remains, a cremation
authorization form that complies with the Crematory Regulation
Act, or in a written instrument that satisfies the provisions
of Sections 10 and 15 and that is signed by the person and
notarized. The directions may include instructions regarding
gender identity, including, but not limited to, instructions
with respect to appearance, chosen name, and gender pronouns,
regardless of whether the person has obtained a court-ordered
name change, changed the gender marker on any identification
document, or undergone any transition-related medical
treatment. The directions may be modified or revoked only by a
subsequent writing signed by the person. The person otherwise
entitled to control the disposition of a decedent's remains
under this Act shall faithfully carry out the directions of the
decedent to the extent that the decedent's estate or the person
controlling the disposition are financially able to do so.
    The changes made by this amendatory Act of the 94th General
Assembly shall also apply to any written instrument that: (i)
satisfies the provision of Article IV-Powers of Attorney for
Health Care of the Illinois Power of Attorney Act; (ii)
contains a power to direct the disposition of remains; and
(iii) was created before the effective date of this amendatory
    (b) If the directions are in a will, they shall be carried
out immediately without the necessity of probate. If the will
is not probated or is declared invalid for testamentary
purposes, the directions are valid to the extent to which they
have been acted on in good faith.
(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)

Effective Date: 1/1/2016