755 ILCS 65/1
Short title
Short title. This Act may be cited as the Disposition of Remains Act. (Source: P.A. 94-561, eff. 1-1-06.)
Illinois Compiled Statutes 755 ILCS 65 — Disposition of Remains Act.
Illinois · statute · 755 ILCS 65 · 12 active provisions
755 ILCS 65/5
Right to control disposition; priority
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…
755 ILCS 65/10
Form
Form. The written instrument authorizing the disposition of remains under paragraph (1) of Section 5 of this Act shall be in substantially the following form: "APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS I, ................................, being of sound mind, willfully and voluntarily make known my desire…
755 ILCS 65/15
Requirements for written instrument under paragraph (1) of Section 5 of this Act
Requirements for written instrument under paragraph (1) of Section 5 of this Act. A written instrument is legally sufficient under paragraph (1) of Section 5 if the wording of the instrument complies substantially with Section 10, the instrument is properly completed, the instrument is signed by the decedent and the ag…
755 ILCS 65/20
Duties of authorized agent
Duties of authorized agent. (a) A person listed in Section 5 has the right, duty, and liability provided by that Section only if there is no person in a priority listed before the person. (b) If any person who would otherwise have the right to control disposition pursuant to Section 5 has been charged with first or sec…
755 ILCS 65/25
Body parts
Body parts. In the case of body parts, a representative of the institution that has arranged with a funeral home, cemetery, or crematory authority to cremate or make other appropriate disposition of the body parts may serve as the authorizing agent. (Source: P.A. 94-561, eff. 1-1-06.)
755 ILCS 65/30
Prohibition of cremation; written instructions
Prohibition of cremation; written instructions. No person shall be allowed to authorize cremation when a decedent has left written instructions that he or she does not wish to be cremated. (Source: P.A. 94-561, eff. 1-1-06.)
755 ILCS 65/35
Misrepresentation; liability
Misrepresentation; liability. A person who represents that he or she knows the identity of a decedent and, in order to procure the disposition, including cremation, of the decedent's remains, signs an order or statement, other than a death certificate, warrants the identity of the decedent and is liable for all damages…
755 ILCS 65/40
Directions by decedent
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 He…
755 ILCS 65/45
Liability
Liability. There shall be no liability for a cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment that carries out the written directions of a decedent or the directions of any person who represents that the person is entitled to c…
755 ILCS 65/50
Disputes
Disputes. (a) Any dispute among any of the persons listed in Section 5 concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court of competent jurisdiction within 30 days of the dispute being filed with the court. A cemetery organization or funeral estab…
755 ILCS 65/300
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 94-561, eff. 1-1-06; text omitted.)