C A L I F O R N I A T R U S T S Y E S T A T E S Q U A R T E R L Y Volume 25, Number 3 • 2019 1 Those of us who watched the successful AMC drama "Breaking Bad" can remember the scene in the pilot episode where Walt and Jesse set out to dissolve a dead body in hydrofluoric acid. Jesse refuses to follow the advice of Walt (the chemistry professor) to dissolve the body in a plastic container and instead uses a bathtub, just so that the acid melts through the corpse and the bathtub, and crashes against the floor that holds the bathtub, and the floor below that. Here, there is some truth in fiction. In accordance with Assembly Bill 967, signed by Governor Brown in 2017, the liquidation of human remains will be allowed soon, at least for professionals and entities that operate an authorized hydrolysis facility where such processes can be carried out. The new law will take effect on July 1, 2020. Leaving aside popular culture and criminal activity, this article aims to summarize the basic concepts of the disposal of human remains, covering topics such as who has control over the remains, what laws and documents govern such control. , transport and disposal of remains, and disposal of remains after burial. I. STATUTORY AND REGULATORY RESOURCES The control and disposal of human remains encompasses numerous statutory and regulatory schemes at the local, state, federal and international levels, depending on the location of the death and the wishes of the deceased and the family with respect to the provision. A person may wish to have their ashes spread on the white-sand beaches of the Caribbean. Another may wish that his body be transported back to his home country and buried with his family. No legal or regulatory scheme covers all possible scenarios. The lawyers and families of the deceased must conduct an independent investigation, particularly when the wishes of the deceased, or the wishes of the person in control of human remains, are not customary. In most cases, legal requirements are regulated at the state level. The legal schemes in multiple California codes control and regulate the disposal of human remains. Division 7 of the Health and Safety Code, entitled “Dead bodies”, provides numerous statutes related to the management of human remains, including issues such as custody and the obligation to bury (or bury), the Uniform Anatomical Donation Law, Embalming and transportation, and disinterest and removal. Sections of Government Code 27460 to 27540 prescribe the duties of the coroner, including investigations and autopsies. Sections of the Health and Safety Code 103050 to 103105 govern permits related to the disposal of human remains, such as permits for disposal (section 103065), permits for remains transported to the state (section 103085), and disposal permits and disposal (section 103105). At the federal level, the Environmental Protection Agency (“EPA”) and the Transportation Security Administration (“TSA”) have regulations regarding the transportation and disposal of human remains. For example, a non-incinerated body or ashes can be disposed of at sea, however, strict environmental regulations apply. Travel with remains is also regulated by the TSA and private airlines. Finally, local government agencies have ordinances and regulations that can be applied to the transport and disposal of human remains. Many of the permits, death certificates and other formal documents are obtained at the local county level. This article addresses some of the common problems and concerns that families and lawyers face after the death of a loved one. II THE CONTROL OF THE REMAINS A. Who has control? Subject to the written wishes of the deceased, the following persons, in the order indicated, have the exclusive right to dispose of the deceased's remains: 1 1. The person authorized for direct disposal (PADD) in an emergency data record of the U.S. Department of Defense UU. (DD Form 93) (deaths of military personnel); 2. An agent under a power of attorney for medical care under the Probate Code, sections 4600 to 4806; 3. The competent surviving spouse or the registered domestic partner of the deceased; 4. The competent surviving child of the deceased (or most adult children); 5. The competent surviving parents of the deceased; 6. The competent adult brother of the deceased (or most adult siblings); 7. The competent adult survivors in the next degree of kinship; 8. A conservative of the person; 9. A conservator of the inheritance; or 10. The public administrator when the deceased has enough assets. MCLE ARTICLE: HOW TO GET RID OF A DEAD BODY By Daniel C. Kim * CALIFORNIATRUSTS AND ESTATESQUARTERLY 2 Volume 25, Issue 3 • 2019 It is not surprising, when the deceased was the victim of murder or voluntary homicide and the person accused of such crimes is the person who has the right to control the disposition of the deceased remains under section 7100 of the Health and Safety Code, that right passes to the person who has the following priority.2 In the event that charges are dropped or the defendant is acquitted, their right to control the disposition is restored.3 The parties that dispute the person (s) invested (s) with the authority to dispose of the remains according to section 7100 may request a control order from a court of competent jurisdiction of the provision.4 If the person with the duty to act under section 7100 fails to act or cannot be found within the legally required period of time (7 to 10 days), the right ho to control the disposition and organize the funeral goods and services is waived and passes to the next priority person according to section 7100.5 When disputes arise regarding the provision or funeral arrangements between persons with equal priority according to section 7100, a petition in the superior court in the county of the deceased's domicile for the determination of the person who has control of the provision.6 The court is required to issue an order ordering that person to bury the remains and establish an alternative order of who will act if the person designated by the court does not do so within seven (7) days.7 In general, the person who has control of the deceased's remains also has a duty to bury, which includes responsibility for reasonable burial costs .8 The authority to dispose of the remains conferred according to section 7100 is exclusive. For example, there is no right to an autopsy for civil discovery purposes.9 In addition, as discussed below, the person authorized to act under section 7100 has exclusive control over burial and burial arrangements, including guests, which It can lead to disputes between stakeholders. B. What governs control? Whenever the deceased's wishes are not contrary to the coroner's duties set forth in the Health and Safety Code, 10 the person entitled to control the provision must faithfully comply with the deceased's written instructions regarding funeral arrangements and disposition. of his remains. .11 The only legal requirements for drafting are (1) the deceased's instructions clearly and completely state the final wishes of the deceased in sufficient detail to avoid any material ambiguity, and (2) payment arrangements have been made to avoid Payment by survivors of the deceased, if applicable.12 If the deceased's instructions are set out in a will, those instructions must be faithfully carried out even when the validity of the will in other respects is in dispute.13 If a deceased person has not died made no provision and the estate is insufficient to provide burial, no burial duty is imposed on any person residing in this state. In that case, the county coroner in which the person dies can take possession of the remains and dispose of them.14 When the deceased has not expressed his wishes by will or other written address, the right to control the disposition of the remains of the deceased and making funeral arrangements fall exclusively on the deceased's fiduciary and / or certain surviving family members as described above. 15 III. IMMEDIATE POSTMORTEM CONCERNS While dealing with pain after a person's death is a burden, many problems must be addressed immediately after death. For example, before a funeral can be organized, it may be necessary for the coroner to conduct an investigation, for an autopsy or for the deceased's wishes regarding organ donation to be fulfilled. Some of the most common and immediate problems after death are addressed here, including anatomical gifts, forensic investigations into the cause of death, autopsies and other procedures, deaths abroad and death certificates. A. Anatomical gifts An anatomical gift is defined in the Health and Safety Code as "a donation of all or part of a human body to take effect after the donor's death for transplant, therapy, research or education purposes." 16 Many of us accurately assume that such a donation can be made to a hospital, accredited medical school, dental school, college, university or organ procurement organization, for research or education.17 However, what is less known is that people have the right to make an anatomical gift directly to another person.18 If the deceased has specified the recipient of an anatomical gift, the gift is subject to the rules set forth in section 7150.50 of the Health and Safety Code, depending on the purpose of the gift. If the anatomical part cannot be used for the named person, the organ passes to the eye bank, tissue bank or corresponding organ procurement organization.19 In addition, if the gift is not for the appropriate purpose, that is, for transplantation , therapy, research or education, the gift expires and control of the anatomical part passes to the person obliged to get rid of the body or part.20 The donor can make an anatomical gift during the life of the donor or the donor's agent under a valid power The health care attorney granted by that authority.21 Donors can make the gift through a valid letter or through the Donate Life California Registration process in the Department of Motor Vehicles. The revised Uniform Anatomical Donations Act allows the DMV designation to replace what is established in an advance directive, unless the directive specifically revokes the DMV designation.The DMV designation of CALIFORNIATRUSTS AND ESTATESQUARTERLYA unless the deceased has validly stated their refusal to make an anatomical gift, another 22 people can authorize an anatomical gift in the following order of priority: authorized agents under a power of attorney, spouse / domestic partner of the deceased, parents, adult siblings, grandchildren and grandparents Curiously, following the grandparents, the next authorized class are people who have "shown special care and concern for the deceased during the life of the deceased", 23 and people in that class have priority over tutors or conservators and other third parties who have authority to get rid of the body of the deceased. 24 If it is known that the donut If the deceased has religious beliefs that would be violated by an anatomical gift, only that donor can authorize the donation.25 After the death of a person, "reasonable efforts" must be made to seek the deceased's intention. with respect to anatomical gifts. "Reasonable efforts" is defined as a search of at least twelve (12) hours and must include a verification of the records of missing persons of the local police, the examination of personal effects and the interrogation of persons who visited the deceased. before his death or in the hospital, accompanied by the body of the deceased, or reported the death.26 The search must be performed by any law enforcement officer, paramedic, firefighter or other emergency personnel who finds a deceased or an individual close to death, or hospital, following the Arrival of the deceased.27 According to a valid request, the coroner may allow the removal of organs that constitute an anatomical gift of the deceased, even when an investigation is required.28 If an autopsy is not required , the organs that comprise the anatomical gifts can be released. 29 If an autopsy is required but the coroner and county medical examiner agree that removal of organs that comprise an anatomical gift will not interfere with an investigation or autopsy, the organization may be released at ans .30 B. Forensic investigation A coroner's investigation is an investigation into the form and cause of a person's death. It is required in a variety of circumstances set forth in section 27491 of the Government Code. For example, such investigations are required in any case of violent, sudden or "unusual" death, unattended death, accidental death, death suspected of being caused by a contagious disease, death of a person who was not treated by a doctor within a pre-death period and deaths resulting from criminal activities.31 After the investigation, the coroner has ninety (90) days to deliver the deceased's property to the corresponding party. C. Autopsy and other procedures An autopsy may be performed if the deceased has authorized a written autopsy (by will or otherwise) or if there is a written request from any of the following persons: (a) the surviving spouse; (b) a surviving son or father; (c) a surviving brother or sister; (d) any other relative or person who has acquired the right to control the disposition of the remains; (e) a public administrator; or (f) a coroner or any other duly authorized public official.33 The cost is borne by the person requesting the autopsy.34 In addition, under limited circumstances, the authority to perform an autopsy may be derived from the investigation of a coroner .35 For those who oppose autopsies for religious reasons, an adult may execute a "certificate of religious belief" stating that an autopsy would violate their religious beliefs.36 The wishes of the deceased can only be set aside by court order or if The coroner reasonably suspects that the death was caused by a criminal act or a contagious disease that constitutes a public health problem.37 Litigants should be aware that autopsies ordered by the court for discovery purposes are not allowed. The statutes authorizing autopsies are interpreted strictly. A civil court will not order autopsies, even when it may be relevant for the determination of a factual issue in dispute.38 For example, in a medical malpractice action for medical malpractice, the defendant was unable to present an argument for dispossession of evidence against the surviving spouse, the plaintiff, who had the exclusive right to control the disposition of the deceased's remains and was not required to authorize an autopsy.39 On the other hand, in criminal actions, the accused may have an implicit right to a body is examined independently.40 Embalming is a process in which blood is drained from the body and replaced with fluids that delay decomposition. The process is often unnecessary since proper cooling serves the same purpose. All bodies must be embalmed or refrigerated if the final disposal does not occur within 24 hours. Embalming is required if the deceased is transported by a common carrier.41 D. Deaths abroad In the unfortunate event that a California resident dies while traveling abroad, the lawyer should contact the US Department of State. UU. Or the US Consulate UU. From the country in which the person died. Since applicable laws and procedures vary from one country to another, the Department of State or Consulates can advise on the immediate steps that are necessary, such as body transport, burial organization and obtaining death certificates. Usually, when expenses are paid in advance, arrangements can be made for burial or other provision in the country of death or the shipment of the remains to the United States. CALIFORNIATRUSTS AND ESTATESQUARTERLY 4 Volume 25, Number 3 • 2019 E. Death certificates After the death of an individual, there are a myriad of tasks that require the use of a "Certified Copy" or "Certified Information Copy" of a Death Certificate . For example, wealth may need to transfer bank accounts and other financial accounts, access safe deposit boxes, file insurance claims or register affidavits of death related to real estate. Any interested person can obtain a “Certified Information Copy”. Only an authorized person42 can obtain a “Certified Copy”. If a death certificate from a foreign country is required and will be presented in a court here, the lawyer should review the requirements to properly authenticate that certificate. In the recent case of Estate of Herzog, 43 the court excluded the German birth certificates offered as evidence because those certificates did not authenticate themselves and the public official who signed the certificate was not identified in a separate certificate that complied with the Convention of The Hague of Public Documents. A death certificate must be submitted to the local registrar within eight (8) days after death and before the body is buried or cremated.44 One of the most convenient ways to obtain copies of a death certificate is Ask the person or entity presenting the certificate to ask for them. Usually, this will be the funeral home, the morgue or the crematorium. To request copies of death certificates at a later time, people can visit the California Department of Public Health website and download an order form by mail. IV. TRANSPORTATION, INTERNATION AND REMOVAL OF REMAINS When the death certificate is executed and completed correctly, the local birth and death registrar will issue a permit for the disposal of remains that specifies any of the following disposal methods: 45 • The name of the cemetery where the remains will be buried; • Burial at sea as provided in section 7117 of the Health and Safety Code; • The address or description of the place where the remains will be buried or dispersed; or • The address of the place where cremated remains will be stored. A. Transport and shipment of remains If the body of the deceased has not been incinerated, embalming is required when the deceased must be transported by a common carrier. Funeral homes and other funeral services will obtain the necessary permits and facilitate the transfer of the deceased's body. Otherwise, when transporting and disposing of the body of a deceased who has been cremated, the lawyer and the responsible parties must take into account several problems. 1. Fly with zippers The Transportation Security Administration (TSA) regulations allow the parties to transport ash on an airplane, but the policy of each airline differs.46 TSA agents will examine the zippers as part of their operating procedure standard, which includes the examination through x-ray devices. If the cremaines cannot be properly examined using the machines, the TSA is authorized to apply other non-invasive means of examination. However, TSA agents are not authorized to open ballot boxes or other containers that X-ray machines cannot scan and may deny access to parts beyond the security checkpoint. Therefore, it may be better to travel with the creams in a container that can pass through the x-ray machines and avoid anything like metal, stone, granite or other dense materials for the containers. The TSA recommendation: "To facilitate detection, we suggest that you purchase a temporary or permanent crematorium container made of a scannable material. If the container is made of a material that generates an opaque image, the Office of Transportation Security may not Clearly determine what is inside the container and the container will not be allowed. ”47 2. Shipping of Cremains The United States Postal Service provides the only legal method for shipping cremages nationally or internationally, provided they are packaged accordingly. you must use the registered mail with an acknowledgment of receipt or urgent mail.The package must be marked on the outside with the Label 139 of the cremated remains of the Postal Service.There must be two containers, one internal and one external, and enough filler to avoid For international shipments, the country of destination must not prohibit creams and the customs declaration form must be completed with corresponding. The Universal Postal Union requires that cremated remains be packed and mailed in a funeral urn in accordance with the International Mail Manual. B. Burial and funeral arrangements Although there is no property right in a corpse, there is a burial obligation that falls upon the appropriate person in accordance with section 7100 of the Health and Safety Code. The person has the right to control the disposition of the remains. of a deceased, the location and conditions of burial, and arrangements for the provision of funeral goods and services.48 The courts will enforce this exclusive right of provision and protection of CALIFORNIATRUSTS and ESTATESQUARTERLY Volume 25, Number 3 • 2019 5 on corpse of mutilation or desecration.49 The right to dispose of the remains of a deceased under section 7100 includes the right to private funeral and burial services.50 As a court summed up: “One in whom the right to control vests by The law has the right and the power to dispose of the remains without services, with public services or with services attended only by guests. Friends or relatives who have not been invited have no right to be present. ” 51 Persons invested with control of the remains in accordance with Section 7100 may file an action for tortuous interference with the right to dispose of the remains of a deceased against funeral homes, cemeteries, relatives and any other person who interferes with this right. .52 C. Provision of cremations In California, you can choose any of the following methods of disposing cremated remains: • Placement in a columbarium or mausoleum; • Burial on a plot in a cemetery; • Withholding in a residence: the funeral establishment or crematorium will have the person receiving the crematoriums sign a Disposal permit that shows that the remains were delivered to that person and will file it in the local birth and death registry. The recipient cannot remove the cremated remains from the container and must make arrangements for disposal at the time of the death of that person; • Store in a place of worship or religious sanctuary if local zoning laws permit; • Dispersion in areas of the state where there is no local prohibition and with written permission from the property owner or government agency. The cremated remains must be removed from the container and spread so that they are not distinguishable to the public; • Scattering in a cemetery scatter garden; and • Dispersion at sea at least 500 yards offshore, including inland navigable waters, but excluding lakes and streams. Cremated remains cannot be transported without permission from the county health department, and cannot be thrown away. Cremated remains may be disposed of or spread according to sections 7054.6, 7116, 7117 and 103060 of the Health and Safety Code. In general, cremaines can be spread in any area where no local rule prohibits it, as long as the cremaines are not distinguishable to the public. , are not in a container, and the person who has control of the provision has obtained written permission from the owner of the private property or the state or local agency that governs to spread the cremains on the property.53 You must obtain a permission to dispose of the local registrar by the person who has the right to control the disposition of the zippers 54 Within ten (10) calendar days after the dispersion, the permit must be signed, approved with the final disposal date and returned to the local registrar.55 Remains must be removed within sixty (60) days. The cremated remains can be taken by boat from any port, or by air, and spread in the sea. The term "in the sea" is defined as the "inland navigable waters of this state, exclusive of lakes and streams, provided that such dispersion does not occur within 500 yards of the coast." 56 Those who wish to dispose of lake creines , streams, bridges, docks or other similar places must obtain the written consent of the owner or government agency. For the elimination of cremations in state-regulated waters (inland waters, rivers, lakes, bays, etc.), anyone who has control of the provision must submit a verified statement to the local death registry in the nearest county to the point where the remains are scattered. That verified statement must contain the name of the deceased person, the time and place of death, the place where the cremated remains were dispersed, and any other information required by the local registrar.57 For the disposal and burial of remains Humans in the federal ocean waters government, the Environmental Protection Agency ("EPA") has additional requirements and restrictions. A permit from the Marine Protection, Investigation and Sanctuaries Act ("MPRSA") must be obtained prior to disposal, and the parties must notify the EPA of the burial within thirty (30) days.58 The permit may authorize the elimination of both non-cremated products and cremated remains at sea.59 The placement of human remains in oceanic waters is not allowed within three nautical miles of the coast.60 Non-cremated human remains can be disposed of at sea, however , appropriate measures must be taken to ensure that the debris sinks to the bottom of the ocean quickly and permanently and certain depth requirements may apply depending on the jurisdiction.61 The cremated remains can be removed at any depth as long as the removal occurs at less than three nautical miles from the coast.62 D. Water Cremation As mentioned In the introduction, starting in 2020, it will be legal to dispose of human remains through a process commonly known as cremation with water, also known as alkaline hydrolysis, acuamation or bio-cremation. The body is placed in steel containers and dissolved in an alkaline solution for approximately four hours. Afterwards, all that remains is the bones that then turn to ashes. Not surprisingly, the move towards CALIFORNIATRUSTSYESTA TESQUARTERLY 6 Volume 25, Number 3 • The 2019 water cremation is largely due to efforts to make cremation more ecological, since standard cremation leaves a greater carbon footprint . California will join more than a dozen other states where liquid cremation is already legal, including Oregon, Minnesota, Maryland, Maine, Kansas, Illinois, Florida, Colorado, Georgia, Wyoming, Idaho, Nevada and Utah. E. Criminal consequences for illegal disposal of remains There are a variety of criminal consequences related to the illegal treatment and disposal of human remains. Some of the most common problems: 1. Removal of dead bodies Any person who removes any part of the human remains from any place where he has been buried, or from any place where he has been deposited while awaiting burial or cremation, with the intention to sell it or to dissect it, without legal authority, without the written permission of the person or persons who have the right to control the remains under section 7100, or with malice or lack of common sense, has committed a public offense that is punishable by imprisonment of compliance with subdivision (h) of section 1170 of the Criminal Code.63 2. Illegal removal of cremains Notwithstanding the foregoing, cremated remains may be removed from the burial site for disposal as provided in section 7054.6 of the Code of Salud y Seguridad o para enterrarlos en el mar según lo dispuesto en la sección 7117.64 Cualquier disposición no autorizada de cremaciones en cualquier lugar no autorizado es un delito menor.65 3. Eliminación no autorizada de propiedad personal Cualquier persona que extraiga o posea oro o plata dental, judío El envío o los recuerdos de cualquier resto humano sin el permiso específico por escrito de la persona o personas que tienen el derecho de co ntrolar esos restos bajo la sección 7100 se castiga con prisión de conformidad con la subdivisión (h) de la sección 1170 del Código Penal.66 4. Mutilación de Cuerpos muertos Cualquier persona que intencionalmente mutila, desinfecta, retira del lugar de enterramiento, o comete un acto de penetración sexual o tiene contacto sexual con cualquier resto que se sepa que es humano, sin autoridad legal, es culpable de un delito grave.67 V. DESINFECCIÓN Y RETIRO Según la ley de California, existe una presunción bien establecida contra la extracción de los restos de una persona fallecida, es decir, contra la perturbación del "descanso de los muertos". En ciertos casos, las familias u otras partes interesadas pueden buscar tener un Los restos del difunto se trasladaron después del entierro u otra disposición. Dicha separación y remoción está regulada. No se pueden retirar restos de ninguna persona fallecida de ningún cementerio, excepto por orden judicial o por orden escrita del departamento de salud con jurisdicción competente.68 Además, el registrador local debe emitir los permisos necesarios.69 Los restos pueden retirarse de un parcela del cementerio solo con el consentimiento de la autoridad del cementerio y el consentimiento por escrito de las siguientes personas, en el orden de prioridad nombrado: (a) el cónyuge sobreviviente, (b) los hijos sobrevivientes, (c) los padres sobrevivientes, y (d ) los hermanos sobrevivientes.70 Si no se puede obtener el consentimiento requerido, las partes deben solicitar el permiso de la corte superior del condado donde se encuentra el cementerio.71 Cuando se produce un litigio por desinterés, cada caso relacionado con el desinterés debe considerarse en equidad en su caso. méritos propios basados en las circunstancias particulares involucradas.72 “Muchas circunstancias surgen de vez en cuando que requieren una alteración del reposo de los muertos, pero debe ser algo de control razón pública o derecho privado superior que debe inducir al tribunal a permitir que se haga lo que desde tiempos inmemoriales se ha considerado de manera abstracta como una obra de profanación ”.73 Al ejercer su dirección, un tribunal debe considerar: los intereses del público, los deseos del difunto, los derechos y sentimientos de quienes tienen derecho a ser escuchados por razón de relación o asociación con el difunto, el grado de relación con el difunto de quienes se oponen o buscan el desinterés, la conducta de las partes que buscan y se oponen a la reinterpretación, especialmente en lo que respecta a las circunstancias del entierro original, la integridad y la capacidad de la persona que busca la reintervención para proporcionar un lugar de descanso se guro y comparable para el difunto, cualquier acuerdo o reglamento de las personas o asociaciones que mantienen el cementerio en el que el difunto es enterrado, y si las personas con autoridad dieron su consentimiento para el entierro en primer lugar de entierro.74 En terestingly, there is no requirement that the decedent’s wishes override the other factors relevant to disinterment.75 In the court’s exercise of this discretion, even a surviving spouse’s petition to disinter has been denied where the decedent’s brother (who owned the crypt) objected, the surviving spouse had originally consented to initial interment conditions, and the surviving spouse delayed 20 years in seeking disinterment.76 C A L I F O R N I A T R U S T S AND E S T A T E S Q U A R T E R L Y Volume 25, Issue 3 • 2019 7 Because of the strong public policy of leaving the dead undisturbed, parties should carefully consider the propriety and need for disinterment before pursuing such actions. VI. CONCLUSION As summarized above, the treatment and disposition of human remains is a highly regulated area of law and rightly so. Well-established public policies for the respectful treatment and protection of deceased citizens of this state have resulted in one of the most highly regulated statutory schemes of any state in this country, many violations of which can result in significant civil liabilities and criminal charges. If doubts exist regarding the proper treatment of the deceased, parties and their attorneys should carefully navigate the circumstances and thoroughly investigate the proper steps to comply with all applicable law. *Weintraub Tobin Chediak Coleman Grodin, Sacramento, California 1 Health & Saf. Code, section 7100, subd. (a); Conroy v. Regents of Univ. of Cal. (2009) 45 Cal.4th 1244, 1255. 2 Health & Saf. Code, section 7100, subd. (b)(1). 3 Health & Saf. Code, section 7100, subd. (b)(2). 4 Health & Saf. Code, section 7105, subd. (d). 5 Health & Saf. Code, section 7105, subd. (a)-(b). 6 Health & Saf. Code, section 7105, subd. (c). 7 Health & Saf. Code, section 7105, subd. (c). 8 One exception to this rule exists for agents under a power of attorney for healthcare. For such agents, the agent is only liable for interment costs where the agent has either specifically agreed to pay the costs or has made decisions concerning disposition that incur costs. Health & Saf. Code, section 7100, subd. (a)(1). 9 Walsh v. Caidin (1991) 232 Cal.App.3d 159, 161. 10 Health & Saf. Code, sections 7100-7117. 11 Health & Saf. Code, section 7100. 12 Health & Saf. Code, section 7100.1, subd. (a). 13 Health & Saf. Code, section 7100.1, subd. (c). 14 Health & Saf. Code, section 7104. 15 Health & Saf. Code, section 7100; Spates v. Dameron Hosp. Ass’n (2003) 114 Cal.App.4th 208, 222. 16 Health & Saf. Code, section 7150.10, subd. (a)(3). 17 Health & Saf. Code, section 7150.50, subd. (a)(1). 18 Health & Saf. Code, section 7150.50, subd. (a)(2). 19 Health & Saf. Code, section 7150.50, subds. (b), (g). 20 Health & Saf. Code, sections 7150.40, subd. (a), 7150.50, subd. (i). 21 Health & Saf. Code, 7150.15, subd. (b). 22 Health & Saf. Code, 7150.30. 23 Health & Saf. Code, section 7150.40, subd. (a)(8). 24 Health & Saf. Code, section 7150.40. 25 Health & Saf. Code, section 7150.30, subd. (e). 26 Health & Saf. Code, section 7150.40, subd. (a)(10)(B). 27 Health & Saf. Code, section 7150.55. 28 Health & Saf. Code, section 7151.20, subd. (a). 29 Health & Saf. Code, section 7151.20, subd. (b). 30 Health & Saf. Code, section 7151.20, subd. (c). 31 Gov. Code, section 27491. 32 Gov. Code, section 27465. 33 Health & Saf. Code, section 7113. 34 Gov. Code, section 27520, subd. (c). 35 Gov. Code, section 27491. 36 Gov. Code, section 27491.43. 37 Gov. Code, section 27491.43. 38 Holm v. Superior Court (1986) 187 Cal.App.3d 1241; Walsh v. Caidin, supra, 232 Cal.App.3d at pp. 162-163. 39 Walsh v. Caidin, supra, 232 Cal.App.3d at p. 161. 40 Holm v. Superior Court, supra, 187 Cal.App.3d at p. 1248. 41 Health & Saf. Code, section 7355. 42 Child/Sibling of Decedent; Grandparent/Grandchild of Decedent; Authorized by Court Order; Parent/Legal Guardian of Decedent; An Agent or Employee of a Funeral Establishment; Power of Attorney/ Executor of Decedent’s Estate; Spouse/Registered Domestic Partner of Decedent; Attorney Representing Decedent or Decedent’s Estate; Law Enforcement; Gov. Agency; Surviving Next of Kin. 43 Estate of Herzog (2019) 33 Cal.App.5th 894. 44 Health & Saf. Code, section 102775. 45 Gov. Code, section 103055, subd. (a). 46 The TSA website has a section called “What Can I Bring?.” The hyperlink for that website is: https://www.tsa.gov/travel/security- screening/whatcanibring/all. Cremated remains are permitted C A L I F O R N I A T R U S T S AND E S T A T E S Q U A R T E R L Y 8 Volume 25, Issue 3 • 2019 in carry- on bags (with special instructions) and in checked bags, although some airlines do not allow it. 47 https://www.tsa.gov/travel/security-screening/whatcanibring/ items/cremated-remains. 48 Health & Saf. Code, section 7100, subd. (a). 49 See Enos v. Snyder (1900) 131 Cal. 68, 72; Cohen v. Groman Mortuary (1964) 231 Cal.App.2d 1, 4. 50 Ross v. Forest Lawn Memorial Park (1984) 153 Cal.App.3d 988, 994- 995. 51 Ross v. Forest Lawn Memorial Park, supra, 153 Cal.App.3d at p. 995 (confirming right to exclude punk rockers from funeral and burial services). 52 See e.g. Sinai Temple v. Kaplan (1976) 54 Cal.App.3d 1103, 1110. 53 Health & Saf. Code, section 7116. 54 Health & Saf. Code, section 103060. 55 Health & Saf. Code, section 103060. 56 Health & Saf. Code, section 7117, subd. (c). 57 Health & Saf. Code, section 7117. 58 40 C.F.R. 229.1(d). 59 40 C.F.R. 229.1(a)(2)-(3). 60 40 C.F.R. 229.1(a)(2). 61 40 C.F.R. 229.1(a)(2). 62 40 C.F.R. 229.1(a)(3). 63 Health & Saf. Code, section 7051. 64 Health & Saf. Code, section 7052.5. 65 Health & Saf. Code, section 7054. 66 Health & Saf. Code, section 7051.5. 67 Health & Saf. Code, section 7052. 68 Health & Saf. Code, section 7500. 69 Health & Saf. Code, section 7501. 70 Health & Saf. Code, section 7525. 71 Health & Saf. Code, section 7526. 72 In re Keck (1946) 75 Cal.App.2d 846. 73 In re Terra (1952) 111 Cal.App.2d 452, 457. 74 22A Am.Jur.2d (2003) Dead Bodies, section 65, p. 59. 75 Estate of Jimenez (1997) 56 Cal.App.4th 733, 739, quoting In re Keck, supra, 75 Cal.App.2d at p. 851. 76 Maffei v. Woodlawn Memorial Park (2005) 130 Cal.App.4th 119, 127.
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