If you have a health care power of attorney, you will likely not need Tool # 7 unless you want to designate someone other than your health care agent to have authority to dispose of your remains.  However, the Appointment of Agent to Control Disposition of Remains must be coordinated with the health care power of attorney to avoid confusion or conflict.

The Disposition of Remains Act provides that a person may provide written directions via the following:

• a will;
• a prepaid funeral or burial contract;
• a power of attorney that meets the criteria of the Illinois Power of Attorney for Health Care;
• a cremation authorization that complies with the Illinois Crematory Regulation Act; or
• a written document that satisfies the provisions of Sections 10 and 15 of the Disposition of Remains Act and that is signed by the person and is notarized.  (that is, the “Appointment of Agent to Control Disposition of Remains.”)

The Act does not prioritize which of the above takes precedence, but the Appointment of Agent to Control Disposition of Remains does state that any prior appointment of a person to control disposition of remains is revoked.   755 ILCS 65/40(a).  It also provides that any disputes are to be resolved by a court.

As I’ve discussed many times -

• discuss;
• plan;  then -
• take action

to ensure that what you want and what you intend for yourself and your loved ones come to pass.

The Illinois Disposition of Remains Act 755 ILCS 65/1 et.seq., allows you to name someone to act as your agent who will have the legal authority to make decisions about what happens to your body, including funeral arrangements, cremation and disposition of ashes.   In general, if you already have a health care power of attorney, you don’t need this advance directive unless you want someone other than your health care agent to have authority to make decisions about your remains.  If you decide to use both types of advance directives, they should be coordinated so that they don’t conflict or create confusion.