Amended in Senate March 28, 2016

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 amended, 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 ofbegin delete internment,end deletebegin insert interment,end insert 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.begin delete This provision doesend deletebegin insert Existing law also provides that if any of those persons who would otherwise have equal rights to control the disposition and arrange for funeral goods and services fail to agree on disposition and funeral goods and services to be provided within 7 days of the date on which the right and duty of disposition devolved upon the persons, a funeral establishment or a cemetery authority having possession of the remains, or any person who has equal right to control the disposition of the remains, may file a petition in the superior court, as specified, seeking an order of the court determining, as appropriate, who among those parties will have the control of disposition and to direct that person to make interment of the remains. These provisions doend insert not apply to a conservator of the person or a conservator of the estate that fails to act or cannot be found within the specifiedbegin delete timeframeend delete period.

This bill would add a conservator of the person and a conservator of the estate to the abovebegin delete provisionend deletebegin insert provisionsend insert for purposes ofbegin delete relinquishment,end deletebegin insert relinquishment or petition,end insert 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), (6), (7), and (8) of subdivision (a) of Section 7100begin delete thatend delete
5begin insert whoend insert 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),
17(6), (7), and (8) of subdivision (a) of Section 7100begin delete thatend deletebegin insert whoend insert would
18otherwise have the right to control the disposition and arrange for
19funeral goods and services cannot be found within seven days of
20the date when the right and duty devolves upon the person or
21persons, or in the case of a person listed in paragraph (2) of
P3    1subdivision (a) of Section 7100, within 10 days of the date when
2the right and duty devolves upon the person, after reasonable
3inquiry, the right to control the disposition and arrange for funeral
4goods and services shall be relinquished and passed on to the
5person or persons of the next degree of kinship in accordance with
6subdivision (a) of Section 7100.

7(c) If any persons listed in paragraphs (1), (3), (4), (5),begin delete and (6),end delete
8begin insert (6), (7), and (8)end insert of subdivision (a) of Section 7100begin delete thatend deletebegin insert whoend insert would
9otherwise have equal rights to control the disposition and arrange
10for funeral goods and services fail to agree on disposition and
11funeral goods and services to be provided within seven days of
12the date on which the right and duty of disposition devolved upon
13the persons, a funeral establishment or a cemetery authority having
14possession of the remains, or any person who has equal right to
15control the disposition of the remains may file a petition in the
16superior court in the county in which the decedent resided at the
17time of his or her death, or in which the remains are located,
18naming as a party to the action those persons who would otherwise
19have equal rights to control the disposition and seeking an order
20of the court determining, as appropriate, who among those parties
21will have the control of disposition and to direct that person to
22make interment of the remains. The court, at the time of
23determining the person to whom the right of disposition will vest,
24shall, from the remaining parties to the action, establish an alternate
25order to whom the right to control disposition will pass if the person
26vested with the right to control disposition fails to act within seven
27days.

28(d) If the person vested with the duty of interment has criminal
29charges pending against him or her for the unlawful killing of the
30decedent, in violation of Section 187 of, or subdivision (a) or (b)
31of Section 192 of, the Penal Code, the person or persons with the
32next highest priority prescribed by Section 7100 may petition a
33court of competent jurisdiction for an order for control of the
34disposition of the decedent’s remains. For this purpose, it shall be
35conclusively presumed that the petitioner is the person entitled to
36control the disposition of the remains if the petitioner is next in
37the order of priority specified in Section 7100.



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