II. RIGHT TO CONTROL DISPOSITION OF REMAINS
California Health and Safety Code, 7100 et seq., current version
1970, amended 1988.
This act is the cornerstone of the legal rights of suspension
patients in California. It details the rights of a family to control
disposition of remains, and the right of a decedent to direct that
disposition. Several courts have held that this act applies to cryonic
suspension.
"7100(a). The right to control the disposition of the remains of a
deceased person, including the location and conditions of interment,
unless other directions have been given by the decedent, vests in, and the
duty of interment and the liability for the reasonable cost of interment
of the remains devolves upon the following in the order named:" [various
relatives are listed.]
and
"7100(d)(1). A decedent, prior to his death, may direct the preparation
for, type, or place of interment of his remains, either by oral or written
instructions, but a written contract for funeral services may only be
modified in writing. The person or persons otherwise entitled to control
the disposition of the remains under the provisions of this section shall
faithfully carry out the directions of the decedent subject only to the
provisions of this chapter with respect to the duties of the coroner."
Arizona has a similar statute (see below).
[It is notable that the list of "Law Review Commentaries" for this section
includes "Cryonic Suspension and the Law" by Curtis Henderson and Robert
C.W. Ettinger, UCLA Law Review (1968) 15:414.]