Disposition of remains: authorized agent.

Existing law lists the person or persons who, in an order of succession, have the right to control, and duty of disposition of, the remains of a deceased person if other directions have not been given by the decedent. The first among the list of persons so authorized pursuant to this list is an agent under a power of attorney for health care who has the right and duty of disposition. A person upon whom the duty of interment is imposed by law who omits to perform that duty within a reasonable period of time is guilty of a misdemeanor. This bill would specify that the designation of a person authorized to direct disposition (PADD) on a United States Department of Defense Record of Emergency Data, DD Form 93, as that form exists on December 31, 2011, or its successor form if approved by the State Registrar, shall take first priority and be used to establish an agent who has the right and duty of disposition for a decedent who died while on duty in any branch or component of the Armed Forces of the United States, as defined. This bill would provide that this provision will become operative only if the form and a specified federal statute are amended to allow a service member to designate any person, regardless of the relationship of the designee to the decedent, as the agent who has the right of disposition of a service member's remains. This bill would incorporate additional changes in Section 7100 of the Health and Safety Code, proposed by SB 647, to be operative only if SB 647 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.