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410 ILCS 18/40)
Sec. 40. Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the final disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in a grave, crypt, or niche, by scattering them in a scattering area as defined in this Act, or in any manner whatever on the private property of a consenting owner.
(c) Upon the completion of the cremation process, and except as provided for in item (J) of paragraph (1) of subsection (a) of Section 20, if the crematory authority has not been instructed to arrange for the interment, entombment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver the cremated remains to the individual specified on the cremation authorization form, or if no individual is specified then to the authorizing agent. The delivery may be made in person or by registered mail. Upon receipt of the cremated remains, the individual receiving them may transport them in any manner in this State without a permit, and may dispose of them in accordance with this Section. After delivery, the crematory authority shall be discharged from any legal obligation or liability concerning the cremated remains.
(d) If, after a period of 60 days from the date of the cremation, the authorizing agent or the agent's designee has not instructed the crematory authority to arrange for the final disposition of the cremated remains or claimed the cremated remains, the crematory authority may dispose of the cremated remains in any manner permitted by this Section. The crematory authority, however, shall keep a permanent record identifying the site of final disposition. The authorizing agent shall be responsible for reimbursing the crematory authority for all reasonable expenses incurred in disposing of the cremated remains. Upon disposing of the cremated remains, the crematory authority shall be discharged from any legal obligation or liability concerning the cremated remains. Any person who was in possession of cremated remains prior to the effective date of this Act may dispose of them in accordance with this Section.
(e) Except with the express written permission of the authorizing agent, no person shall:
(1) Dispose of cremated remains in a manner or in a location so that the cremated remains are commingled with those of another person. This prohibition shall not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes.
(2) Place cremated remains of more than one person in the same temporary container or urn.
(Source: P.A. 87‑1187.)
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Is a signed statement about a deceased wishes for scattering their ashes legally binding?
Not necessarilly. Most states have laws regulating the scattering of ashes. If the type of scattering requested is illegal then the direction is not binding, because no one can force another person to do an illegal act. The laws of the state or country where the scattering is to take place must be checked.
Laws to spreading ashes in the state of Florida?
I found this on Affinity Cremation's web site (link below) There are no laws in Florida prohibiting scattering ashes.Florida Law does not prohibit scattering ashes. This does not mean, however, that you may spread or scatter the ashes anywhere you choose.• You should not spread or scatter ashes on public lands or any inland bodies of water such as streams, rivers or lakes, etc.• You may spread, scatter or bury ashes on any private land that you own or have obtained permission from the owner. We would suggest that you obtain this permission in writing.• Many states have different laws regarding this subject. If you are considering spreading or scattering ashes somewhere other than Florida, you should check the laws of that state before proceeding.• Scattering or spreading ashes in the ocean is permitted, however federal regulations do specify this should be done only beyond 3 miles from the coast. http://affinitycremation.com/questions.html#ten
Is it legal to spread human ashes in Indiana?
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In NJ what are the laws concerning ashes?
Check out the below link, it may help....Added: If you take a boat out past the legal limit, there should be no problem with it
Can you scatter ashes at a cemetery in ma?
In Massachusetts, scattering ashes at a cemetery is generally permitted, but specific regulations and permissions must be followed. It's important to check with the cemetery management for their policies regarding the scattering of ashes, as they may have designated areas or require prior approval. Additionally, state laws govern cremated remains, so it's advisable to be aware of any legal guidelines. Always ensure to approach the situation with respect for the location and other visitors.
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Where can you legally spread cremation ashes?
You can legally spread cremation ashes in various places, but specific regulations vary by location. Common areas include private property with the owner's consent, public parks, and bodies of water. However, some states and countries have restrictions, so it's essential to check local laws and regulations before scattering ashes. Additionally, many cemeteries offer designated areas for this purpose.
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The best place to learn about all the laws in Illinois is to go to the courthouse or the police station. They will have a list of all the laws in Illinois.
What are the laws in Wyoming regarding the spreading of cremated remains?
Wyoming does not have specific laws regarding the spreading of cremated remains. The legal assumption is that the authorized person/family member will use a method that is respectful, adherent to the wishes of the deceased (if directions were not included in a will), pursuant to the existing health codes and will not create a public disruption (spreading ashes in a public place). You must apply for a Special Use Permit before scattering ashes in some area such as Grand Teton National Park.
