Senate BillNo. 1284


Introduced by Senator Hernandez

February 19, 2016


An act to amend Section 7105 of the Health and Safety Code, relating to human remains.

LEGISLATIVE COUNSEL’S DIGEST

SB 1284, as introduced, Hernandez. Human remains: conservator of the person or estate.

Under existing law, if a decedent has not otherwise given directions, the right to control the disposition of the remains of the deceased person, the location and conditions of internment, and arrangements for funeral goods and services vests in, and the specified corresponding duty devolves upon, certain persons in a specified order of succession. Existing law lists these persons, in order, as an agent under a power of attorney for health care who has the right and duty of disposition, the surviving spouse, other specified relatives, and, when the decedent has sufficient assets, a conservator of the person, a conservator of the estate, and the public administrator.

Existing law requires, if the agent under a power of attorney, the surviving spouse, or any of the other specified relatives who have the right to control the disposition and arrange for funeral goods and services fails to act or cannot be found within a specified period, that the person’s right to control the disposition and arrange for funeral goods and services be relinquished and passed on to the person or persons of the next degree of kinship in accordance with the above list. This provision does not apply to a conservator of the person or a conservator of the estate that fails to act or cannot be found within the specified timeframe period.

This bill would add a conservator of the person and a conservator of the estate to the above provision for purposes of relinquishment, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 7105 of the Health and Safety Code is
2amended to read:

3

7105.  

(a) If the person or persons listed in paragraphs (1), (3),
4(4), (5),begin delete and (6)end deletebegin insert (6), (7), and (8)end insert of subdivision (a) of Section 7100
5that would otherwise have the right to control the disposition and
6arrange for funeral goods and services fails to act, or fails to
7delegate his or her authority to act to some other person within
8seven days of the date when the right and duty devolves upon the
9person or persons, or in the case of a person listed in paragraph
10(2) of subdivision (a) of Section 7100, within 10 days of the date
11when the right and duty devolves upon the person, the right to
12control the disposition and arrange for funeral goods and services
13shall be relinquished and passed on to the person or persons of the
14next degree of kinship in accordance with subdivision (a) of Section
157100.

16(b) If the person or persons listed in paragraphs (1), (3), (4), (5),
17begin delete and (6)end deletebegin insert (6), (7), and (8)end insert of subdivision (a) of Section 7100 that
18would otherwise have the right to control the disposition and
19arrange for funeral goods and services cannot be found within
20seven days of the date when the right and duty devolves upon the
21person or persons, or in the case of a person listed in paragraph
22(2) of subdivision (a) of Section 7100, within 10 days of the date
23when the right and duty devolves upon the person, after reasonable
24inquiry, the right to control the disposition and arrange for funeral
25goods and services shall be relinquished and passed on to the
26person or persons of the next degree of kinship in accordance with
27subdivision (a) of Section 7100.

28(c) If any persons listed in paragraphs (1), (3), (4), (5), and (6),
29of subdivision (a) of Section 7100 that would otherwise have equal
30rights to control the disposition and arrange for funeral goods and
31services fail to agree on disposition and funeral goods and services
32to be provided within seven days of the date on which the right
P3    1and duty of disposition devolved upon the persons, a funeral
2establishment or a cemetery authority having possession of the
3remains, or any person who has equal right to control the
4disposition of the remains may file a petition in the superior court
5in the county in which the decedent resided at the time of his or
6her death, or in which the remains are located, naming as a party
7to the action those persons who would otherwise have equal rights
8to control the disposition and seeking an order of the court
9determining, as appropriate, who among those parties will have
10the control of disposition and to direct that person to make
11interment of the remains. The court, at the time of determining the
12person to whom the right of disposition will vest, shall, from the
13remaining parties to the action, establish an alternate order to whom
14the right to control disposition will pass if the person vested with
15the right to control disposition fails to act within seven days.

16(d) If the person vested with the duty of interment has criminal
17charges pending against him or her for the unlawful killing of the
18decedent, in violation of Section 187 of, or subdivision (a) or (b)
19of Section 192 of, the Penal Code, the person or persons with the
20next highest priority prescribed by Section 7100 may petition a
21court of competent jurisdiction for an order for control of the
22disposition of the decedent’s remains. For this purpose, it shall be
23conclusively presumed that the petitioner is the person entitled to
24control the disposition of the remains if the petitioner is next in
25the order of priority specified in Section 7100.



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