Illinois Disposition of Remains Act and Health Care Power of Attorney
As mentioned in our previous post , the Illinois Statutory Short Form Power of Attorney for Health Care was recently amended. The new form provides the agent has authority over four general issues, including: "(iv) Carrying out the plans I have already made, or, if I have not done so, making decisions about my body or remains, including organ, tissue or whole body donation, autopsy, cremation, and burial." The same section of the statute, after the form, further states that the agent is presumed to have authority "...to direct the disposition of the principal's remains." 755 ILCS 45/4-10 . However, Illinois also has a "Disposition of Remains Act," found at 755 ILCS 65/1 , et. seq. This statute contains a list of persons having priority to make such decisions, UNLESS the deceased left directions in one of a number of possible writings, one of which is a Power of Attorney for Health Care. The statute does NOT provide for any of