Our clients often come to us as a resource for questions not related to estate planning, and we are more than happy to help when they do.
“What happens when a loved one dies in my home?”
Like we said, sometimes our clients call us with questions that aren’t directly related to estate planning. And we’re more than happy to be a resource for them in whatever way we can. So, a few weeks ago when a client called wanting to know what happens when a loved one dies in a private home, one of our attorneys spoke with the coroner’s office and looked into the actual laws involved.
A Time/CNN poll in 2000 showed that 7 out of 10 people would rather die at home. And while nowhere near that many get their wish, more and more people seem to be staying home with the help of in-home care or in-home hospice.
The Law
According to the law, if a loved one dies in a private residence, you should obtain the coroner’s approval before moving the body.
Illinois law requires alerting the coroner “promptly” after death, and prohibits the body (or personal property) from being moved from the place of death by anyone without the coroner’s permission – unless it’s necessary to protect the body, or to protect others’ life, safety or health.
Upon being granted permission, the law allows the body to be moved by a licensed funeral director, or its trained staff, as long as the licensed funeral director accompanies them to direct and instruct the movement.
Practical Steps
So, what does all this really mean? According to our conversation with the coroner’s office, here is what happens when a loved one dies in a private home:
If the deceased was under hospice care, you should take the following steps:
- Call the hospice nurse.
- The hospice nurse will then call the coroner, which has a 24-hour phone line.
- The coroner makes a determination on whether there is cause for an investigation.
- If there is no investigation needed, or after an initial investigation, the hospice nurse will get approval for contacting the funeral home and moving the body.
- Contact the funeral home to make arrangements.
If the deceased was NOT under hospice care, you should take the following steps:
- Call 9-1-1 (although a non-emergency line would be okay as well).
- Someone will come to the home in response to that call.
- The coroner will be notified, make a determination on whether there is cause for investigation, and then give approval for contacting the funeral home and moving the body.
- Contact the funeral home to make arrangements.
As always, if you have any questions at all, please feel free to call us at 217-726-9200. We will be more than happy to help you in any way possible. The death of a loved one is incredibly stressful, and we are here to help alleviate some of that stress. Feel free to check out this article, 7 Things Every Executor Needs to Know Before the Funeral, or download our free checklist, What to Do When a Loved One Dies.