Who decides how your bodily remains will be disposed in Illinois?

March 25th, 2010 News

In Illinois, unless your wishes are written and properly executed in a Will, a Power of Attorney for Health Care, or a format substantially compliant with the Crematory Regulation Act or the Disposition of Remains Act, then the following person(s), in order of priority, will decide how your remains will be disposed:

  • 1st – Your spouse at the time of your death.
  • 2nd – Your children who are eighteen or older.
  • 3rd – Your adult kin of closest degree.
  • 4th – Any other person willing to assume legal and financial responsibility for disposing of your remians. 
  • 5th – The state of Illinois.

In Illinois, if no one assumes legal and financial responsibility for disposing of your remains, then a state official such as a public administrator, medical examiner, coroner, state appointed guardian, or any other public official charged with making your final disposition arrangements.

Any disputes among those listed above must be resolved in a court of proper jurisdiction.

For more information on making arrangements for the disposition of your bodily remains call David E. Trice, Attorney at Law at 1 773 233 3303.