Illinois Disposition of Remains Act

Disagreements about funeral plans or cremation can be complicated and emotionally-charged for loved ones, but especially so for same-sex couples.   If your partner knows your wishes, but your parents or other biological family members object, there will likely be a lot of unnecessary arguments and pain.

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.

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