Carlson v. Glueckert Funeral

Illinois Appellate Court
Civil Court
Powers of Attorney
Citation
Case Number: 
No. 1-10-0158
Decision Date: 
Friday, February 4, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
EPSTEIN
Plaintiffs sued funeral home for damages related to funeral contract and Defendants' handling of the remains of their deceased mother. Court properly ruled that son's power of attorney expressly terminated on his mother's death, as the decedent never initialed a paragraph within the document which would have modified that provision. Court properly found that a legal dispute existed between the adult children as to when and how funeral service would be conducted, and thus under Illinois Disposition of Remains Act, Defendants were not liable to Plaintiffs, and case was properly dismissed. (J. GORDON and HOWSE, concurring.)