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FAQs - Who Has the Right to Make Decisions?

The California Health and Safety Code, Section 7100 identifies who has the right to make decisions about disposition arrangements after an individual's death if no directions are left. Family Code Sections 297 and 297.5 were added January 1, 2005 to include registered domestic partners to the following list of individuals. The responsibility for making decisions devolves in the following order: agent under a power of attorney for health care, spouse or registered domestic partner, adult children, parents, adult siblings and other competent adult kin. NOTE: Exceptions may apply in certain situations. You may wish to consult with an attorney.

Always check the license status of the funeral director, funeral establishment, crematory, and private cemetery that you plan to do business with by calling the Cemetery and Funeral Bureau at (916) 574-7870 or the Consumer Information Center at 1-800-952-5210. NOTE: The state licenses and regulates fraternal and private cemeteries only. It has no jurisdiction over cemeteries operated by religious organizations, cities, counties, or cemetery districts; the military; Native American tribal organizations; or other groups. If you do not know who regulates the cemetery you are interested in ask the cemetery manager.

The Law Requires:

• Funeral establishments to quote prices over the telephone.
• Funeral establishments to provide you with a general price list (GPL) and a casket price list (CPL) when you inquire in person.
• Funeral establishments to give you an itemized statement that should include only those items you have selected when you contract for services. Another option is a funeral package. The funeral package statement should describe and include all goods and services. Get a total dollar amount in writing BEFORE you sign the contract.

The Law Allows:

• Funeral establishments to set a non-declinable fee for professional services which may include:
  
  • The funeral director's time spent helping you plan the funeral;
  • Making arrangements with the cemetery, crematory, or another funeral establishment if the body will be shipped out of the area (cemetery, crematory, or other funeral establishment fees are separate and in addition to); and
  • Gathering the information for the death certificate, other required permits, and submitting the obituary (filing fees are charged separately and in addition to); and
  • Unallocated overhead, which includes taxes, insurance, advertising, and other business expenses.

The Law Does Not Allow:

• Funeral establishments to charge a handling fee if you wish to use a family built casket or purchase one elsewhere; however the casket must meet the cemetery's standards.
• Funeral establishment staff to make false claims about the preservative qualities of a casket or to charge contagious disease fees or fees for protective clothing.

Consumer Guide Available:

For additional information to aid you in making arrangements, especially advance arrangements for a loved one or yourself, click on the following link for the Consumer Guide to Funeral & Cemetery Purchases or call 1-800-952-5210 for a free printed copy. This booklet will tell you how to compare prices and services, prearrangement and prepayment options, burial, cremation, Consumer, Government, and Industry organizations, and what to do under special circumstances.