DISPOSITION OPTIONS
Who controls the final disposition of a decedent?
According to section 7100 of the California Health and Safety Code, control of all decisions relating to the final disposition of a decedent falls is determined by the following order:
- The decedent based on a prearranged funeral plan or other written document so long as the decedent has allowed for the financial means to cover the costs associated with their directives.
- Agent appointed by the decedent under an Advanced Health Care Directive of Durable Power of Attorney for Healthcare.
- Surviving Spouse
- Surviving Adult Children (All or Majority)
- Surviving Siblings, and so on according to closest level of kinship
What are the accepted forms of final disposition?
In our society, three basic forms of final disposition are practiced. The first is earth burial which continues to be the form of disposition chosen most often.
Cremation is also a choice. This is a process of preparing the body for final disposition whereby the body is reduced by intense heat over several hours to a few pounds of small fragments. These cremated remains are usually placed in an urn which may be buried, placed in a memorial niche, or kept in some other location. Cremated remains may also be scattered where permitted by law.
Finally, entombment in a crypt is also a choice and is one of the oldest forms of disposition. Today many cemeteries maintain crypts for entombment which may be in a mausoleum or in an outdoor garden.
What can I legally do with the cremated remains of my loved one?
Cremated remains may be placed in a cemetery, retained at your residence, scattered according to state law, or any combination of these. It is entirely legal to split up the cremated remains according to the wishes of the family.
What are the legal options for the scattering of cremated remains?
Scattering options vary from state to state. In California, cremated remains may be scattered at sea at least 500 yards from the shoreline. T hey may be taken by boat from any harbor, or by air; however, they are not allowed to be scattered from a bridge or pier.
Cremated remains may also be scattered in California in areas where no local prohibition exists, provided that the cremated remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains has obtained written permission of the property owner or governing agency.