The Right to Direct (Control) Dispostion is stated clearly by the State of California in Section 7100 of the California Health and Safety Code. Yosemite Cremation Service stricly adheres to the law as it is written by the State of California and makes no exceptions. A common misconception is that a "Relationship" conveys rights, it does not or that estranged or strained relationships exclude family members from their rights, they do not. To take the guess work out of this process we have provided a breakdown of Section 7100 of the California Health & Saftey Code.
The person(s) listed in order of authority below are vested with the Right to Control Disposition:
- An agent under a Power of Attorney for Health Care or an Advance Health Care Directive. The document must be legally executed.
- The competent surviving spouse. (This excludes common law spouses)
- The majority of the surviving competent adult children, including legally adopted children.
- The surviving competent parents of the decedent.
- The majority of the surviving competent adult siblings.
- The surviving competent adult person or persons respectively in the next degrees of kinship.
- The public administrator when the deceased has sufficient assets.
To read to code in its entirety please cick here, Custody, and Duty of Interment [7100 - 7117.1]