What is needed for me to oversee my friends burial when she passes since she has no family?
Full Question:
My friend has asked that I take care of her funeral arrangements if something should happen to her. She has a brother but they are estranged and have been for years. What form do we need so I can take care of the disposition of her remains since she has requested that I do not contact him?
09/27/2007 |
Category: Wills and Estates |
State: California |
#9216
Answer:
The applicable California statutes are as follows:
§ 7100 Health & Safety
(a) The right to control the disposition of the remains of
a deceased person, the location and conditions of interment,
and arrangements for funeral goods and services to be
provided, unless other directions have been given by the
decedent pursuant to Section 7100.1, vests in, and the duty
of disposition and the liability for the reasonable cost of
disposition of the remains devolves upon, the following in
the order named:
(1) An agent under a power of attorney for health care who
has the right and duty of disposition under Division 4.7
(commencing with Section 4600) of the Probate Code, except
that the agent is liable for the costs of disposition only in
either of the following cases:
(A) Where the agent makes a specific agreement to pay the
costs of disposition.
(B) Where, in the absence of a specific agreement, the
agent makes decisions concerning disposition that incur
costs, in which case the agent is liable only for the
reasonable costs incurred as a result of the agent's
decisions, to the extent that the decedent's estate or other
appropriate fund is insufficient.
(2) The competent surviving spouse.
(3) The sole surviving competent adult child of the
decedent, or if there is more than one competent adult child
of the decedent, the majority of the surviving competent
adult children. However, less than the majority of the
surviving competent adult children shall be vested with the
rights and duties of this section if they have used
reasonable efforts to notify all other surviving competent
adult children of their instructions and are not aware of any
opposition to those instructions by the majority of all
surviving competent adult children.
(4) The surviving competent parent or parents of the
decedent. If one of the surviving competent parents is
absent, the remaining competent parent shall be vested with
the rights and duties of this section after reasonable
efforts have been unsuccessful in locating the absent
surviving competent parent.
(5) The sole surviving competent adult sibling of the
decedent, or if there is more than one surviving competent
adult sibling of the decedent, the majority of the surviving
competent adult siblings. However, less than the majority of
the surviving competent adult siblings shall be vested with
the rights and duties of this section if they have used
reasonable efforts to notify all other surviving competent
adult siblings of their instructions and are not aware of any
opposition to those instructions by the majority of all
surviving competent adult siblings.
(6) The surviving competent adult person or persons
respectively in the next degrees of kinship, or if there is
more than one surviving competent adult person of the same
degree of kinship, the majority of those persons. Less than
the majority of surviving competent adult persons of the same
degree of kinship shall be vested with the rights and duties
of this section if those persons have used reasonable efforts
to notify all other surviving competent adult persons of the
same degree of kinship of their instructions and are not aware
of any opposition to those instructions by the majority of
all surviving competent adult persons of the same degree of
kinship.
(7) The public administrator when the deceased has
sufficient assets.
(b)(1) If any person to whom the right of control has
vested pursuant to subdivision (a) has been charged with
first or second degree murder or voluntary manslaughter in
connection with the decedent's death and those charges are
known to the funeral director or cemetery authority, the
right of control is relinquished and passed on to the next of
kin in accordance with subdivision (a).
(2) If the charges against the person are dropped, or if
the person is acquitted of the charges, the right of control
is returned to the person.
(3) Notwithstanding this subdivision, no person who has
been charged with first or second degree murder or voluntary
manslaughter in connection with the decedent's death to whom
the right of control has not been returned pursuant to
paragraph (2) shall have any right to control disposition
pursuant to subdivision (a) which shall be applied, to the
extent the funeral director or cemetery authority know about
the charges, as if that person did not exist.
(c) A funeral director or cemetery authority shall have
complete authority to control the disposition of the remains,
and to proceed under this chapter to recover usual and
customary charges for the disposition, when both of the
following apply:
(1) Either of the following applies:
(A) The funeral director or cemetery authority has knowledge
that none of the persons described in paragraphs (1) to (6),
inclusive, of subdivision (a) exists.
(B) None of the persons described in paragraphs (1) to (6),
inclusive, of subdivision (a) can be found after reasonable
inquiry, or contacted by reasonable means.
(2) The public administrator fails to assume responsibility
for disposition of the remains within seven days after having
been given written notice of the facts. Written notice may be
delivered by hand, U.S. mail, facsimile transmission, or
telegraph.
(d) The liability for the reasonable cost of final
disposition devolves jointly and severally upon all kin of
the decedent in the same degree of kinship and upon the
estate of the decedent. However, if a person accepts the gift
of an entire body under subdivision (a) of Section 7155.5,
that person, subject to the terms of the gift, shall be
liable for the reasonable cost of final disposition of the
decedent.
(e) This section shall be administered and construed to the
end that the expressed instructions of the decedent or the
person entitled to control the disposition shall be faithfully
and promptly performed.
(f) A funeral director or cemetery authority shall not be
liable to any person or persons for carrying out the
instructions of the decedent or the person entitled to
control the disposition.
(g) For purposes of this section, "adult" means an
individual who has attained 18 years of age, "child" means a
natural or adopted child of the decedent, and "competent"
means an individual who has not been declared incompetent by
a court of law or who has been declared competent by a court
of law following a declaration of incompetence.
§ 7100.1 Health & Safety
(a) A decedent, prior to death, may direct, in writing, the disposition
of his or her remains and specify funeral goods and services to be
provided. Unless there is a statement to the contrary that is signed and
dated by the decedent, the directions may not be altered, changed, or
otherwise amended in any material way, except as may be required by law,
and shall be faithfully carried out upon his or her death, provided both
of the following requirements are met: (1) the directions set forth
clearly and completely the final wishes of the decedent in sufficient
detail so as to preclude any material ambiguity with regard to the
instructions; and, (2) arrangements for payment through trusts,
insurance, commitments by others, or any other effective and binding
means, have been made, so as to preclude the payment of any funds by the
survivor or survivors of the deceased that might otherwise retain the
right to control the disposition.
(b) In the event arrangements for only one of either the cost of
interment or the cost of the funeral goods and services are made pursuant
to this section, the remaining wishes of the decedent shall be carried
out only to the extent that the decedent has sufficient assets to do so,
unless the person or persons that otherwise have the right to control the
disposition and arrange for funeral goods and services agree to assume
the cost. All other provisions of the directions shall be carried out.
(c) If the directions are contained in a will, they shall be
immediately carried out, regardless of the validity of the will in other
respects or of the fact that the will may not be offered for or admitted
to probate until a later date.
