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Last revision: 12.19.2018
HEALTH AND SAFETY CODE
SECTION 7100
7100. (a) The right to control the disposition of the remains of a deceased person, the location and
conditions of interment, and arrangements for funeral goods and services to be provided, unless other
directions have been given by the decedent pursuant to Section 7100.1, vests in, and the duty of
disposition and the liability for the reasonable cost of disposition of the remains devolves upon, the
following in the order named:
(1) An agent under a power of attorney for health care who has the right and duty of disposition under
Division 4.7 (commencing with Section 4600) of the Probate Code, except that the agent is liable for the
costs of disposition only in either of the following cases:
(A) Where the agent makes a specific agreement to pay the costs of disposition.
(B) Where, in the absence of a specific agreement, the agent makes decisions concerning disposition
that incur costs, in which case the agent is liable only for the reasonable costs incurred as a result of the
agent’s decisions, to the extent that the decedent’s estate or other appropriate fund is insufficient.
(2) The competent surviving spouse.
(3) The sole surviving competent adult child of the decedent, or if there is more than one competent
adult child of the decedent, the majority of the surviving competent adult children. However, less than
the majority of the surviving competent adult children shall be vested with the rights and duties of this
section if they have used reasonable efforts to notify all other surviving competent adult children of their
instructions and are not aware of any opposition to those instructions by the majority of all surviving
competent adult children.
(4) The surviving competent parent or parents of the decedent. If one of the surviving competent
parents is absent, the remaining competent parent shall be vested with the rights and duties of this section
after reasonable efforts have been unsuccessful in locating the absent surviving competent parent.
(5) The sole surviving competent adult sibling of the decedent, or if there is more than one surviving
competent adult sibling of the decedent, the majority of the surviving competent adult siblings. However,
less than the majority of the surviving competent adult siblings shall be vested with the rights and duties
of this section if they have used reasonable efforts to notify all other surviving competent adult siblings of
their instructions and are not aware of any opposition to those instructions by the majority of all surviving
competent adult siblings.
(6) The surviving competent adult person or persons respectively in the next degrees of kinship, or if
there is more than one surviving competent adult person of the same degree of kinship, the majority of
those persons. Less than the majority of surviving competent adult persons of the same degree of kinship
shall be vested with the rights and duties of this section if those persons have used reasonable efforts
to notify all other surviving competent adult persons of the same degree of kinship of their instructions
and are not aware of any opposition to those instructions by the majority of all surviving competent adult
persons of the same degree of kinship.
(7) The public administrator when the deceased has sufficient assets.
(b) (1) If any person to whom the right of control has vested pursuant to subdivision (a) has been
charged with first or second degree murder or voluntary manslaughter in connection with the decedent’s
death and those charges are known to the funeral director or cemetery authority, the right of control is
relinquished and passed on to the next of kin in accordance with subdivision (a).
(2) If the charges against the person are dropped, or if the person is acquitted of the charges, the
right of control is returned to the person.