Forms


Windsor Healdsburg Mortuary Forms

Forms included in the section need to be completed for either "Pre-need" or "At-need" arrangements. "Pre-need" means signing the forms BEFORE someone passes away or, before they are needed. "At-need" means signing the forms AFTER someone has passed away or, needed right now. 

Each form has to be signed by the legal "Next Of Kin," (NOK), or person acting as such. Forms must be signed in front of either a funeral home employee or a Notary Public with an active commission.

Declaration of Disposition

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Embalming Authorization or Decline Form

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WHM Authorization For Cremation

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Authorization to Release Human Remains to Funeral Home

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In this section

Writing an Obituary

Grief Support

When Death Occurs

Funeral Etiquette

Social Security Benefits

Frequent Questions

Forms


Heath and Safety Code 7100:HEALTH AND SAFETY CODE - HSCDIVISION 7. DEAD BODIES [7000 - 8030] *( Division 7 enacted by Stats.1939, Ch. 60. )*PART 1. GENERAL PROVISIONS [7000 - 7355] *( Part 1 enacted by Stats.1939, Ch. 60. )*CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] *( Chapter 3enacted by Stats. 1939, Ch. 60. )*7100.(a) The right to control the disposition of the remains of a deceasedperson, the location and conditions of interment, and arrangements forfuneral goods and services to be provided, unless other directions havebeen given by the decedent pursuant to Section 7100.1, vests in, and theduty of disposition and the liability for the reasonable cost ofdisposition 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 rightand duty of disposition under Division 4.7 (commencing with Section 4600)of the Probate Code, except that the agent is liable for the costs ofdisposition only in either of the following cases:(A) Where the agent makes a specific agreement to pay the costs ofdisposition.(B) Where, in the absence of a specific agreement, the agent makesdecisions concerning disposition that incur costs, in which case the agentis liable only for the reasonable costs incurred as a result of the agent’sdecisions, to the extent that the decedent’s estate or other appropriatefund is insufficient.(2) The competent surviving spouse.(3) The sole surviving competent adult child of the decedent or, if thereis more than one competent adult child of the decedent, the majority of thesurviving competent adult children. However, less than the majority of thesurviving competent adult children shall be vested with the rights andduties of this section if they have used reasonable efforts to notify allother surviving competent adult children of their instructions and are notaware of any opposition to those instructions by the majority of allsurviving competent adult children.(4) The surviving competent parent or parents of the decedent. If one ofthe surviving competent parents is absent, the remaining competent parentshall be vested with the rights and duties of this section after reasonableefforts have been unsuccessful in locating the absent surviving competentparent.(5) The sole surviving competent adult sibling of the decedent or, if thereis more than one surviving competent adult sibling of the decedent, themajority of the surviving competent adult siblings. However, less than themajority of the surviving competent adult siblings shall be vested with therights and duties of this section if they have used reasonable efforts tonotify all other surviving competent adult siblings of their instructionsand are not aware of any opposition to those instructions by the majorityof all surviving competent adult siblings.(6) The surviving competent adult person or persons respectively in thenext degrees of kinship or, if there is more than one surviving competentadult person of the same degree of kinship, the majority of those persons.Less than the majority of surviving competent adult persons of the samedegree of kinship shall be vested with the rights and duties of thissection if those persons have used reasonable efforts to notify all othersurviving competent adult persons of the same degree of kinship of theirinstructions and are not aware of any opposition to those instructions bythe majority of all surviving competent adult persons of the same degree ofkinship.(7) A conservator of the person appointed under Part 3 (commencing withSection 1800) of Division 4 of the Probate Code when the decedent hassufficient assets.(8) A conservator of the estate appointed under Part 3 (commencing withSection 1800) of Division 4 of the Probate Code when the decedent hassufficient assets.(9) The public administrator when the deceased has sufficient assets.(b) (1) If a person to whom the right of control has vested pursuant tosubdivision (a) has been charged with first- or second-degree murder orvoluntary manslaughter in connection with the decedent’s death and thosecharges are known to the funeral director or cemetery authority, the rightof control is relinquished and passed on to the next of kin in accordancewith subdivision (a).(2) If the charges against the person are dropped, or if the person isacquitted of the charges, the right of control is returned to the person.(3) Notwithstanding this subdivision, no person who has been charged withfirst- or second-degree murder or voluntary manslaughter in connection withthe decedent’s death to whom the right of control has not been returnedpursuant to paragraph (2) shall have any right to control dispositionpursuant to subdivision (a) which shall be applied, to the extent thefuneral director or cemetery authority know about the charges, as if thatperson did not exist.(c) A funeral director or cemetery authority shall have complete authorityto control the disposition of the remains and to proceed under this chapterto recover usual and customary charges for the disposition when both of thefollowing apply:(1) Either of the following applies:(A) The funeral director or cemetery authority has knowledge that none ofthe persons described in paragraphs (1) to (8), inclusive, of subdivision(a) exists.(B) None of the persons described in paragraphs (1) to (8), inclusive, ofsubdivision (a) can be found after reasonable inquiry, or contacted byreasonable means.(2) The public administrator fails to assume responsibility for dispositionof the remains within seven days after having been given written notice ofthe facts. Written notice may be delivered by hand, United States mail,facsimile transmission, or telegraph.(d) The liability for the reasonable cost of final disposition devolvesjointly and severally upon all kin of the decedent in the same degree ofkinship and upon the estate of the decedent. However, if a person acceptsthe gift of an entire body under subdivision (a) of Section 7155.5, thatperson, subject to the terms of the gift, shall be liable for thereasonable cost of final disposition of the decedent.(e) This section shall be administered and construed to the end that theexpressed instructions of the decedent or the person entitled to controlthe disposition shall be faithfully and promptly performed.(f) A funeral director or cemetery authority shall not be liable to anyperson or persons for carrying out the instructions of the decedent or theperson entitled to control the disposition.(g) For purposes of this section, “adult” means an individual who hasattained 18 years of age, “child” means a natural or adopted child of thedecedent, and “competent” means an individual who has not been declaredincompetent by a court of law or who has been declared competent by a courtof law following a declaration of incompetence.(h) (1) For the purpose of paragraph (1) of subdivision (a), thedesignation of a person authorized to direct disposition (PADD) on a UnitedStates Department of Defense Record of Emergency Data, DD Form 93, as thatform exists on December 31, 2011, or its successor form, shall take firstpriority and be used to establish an agent who has the right and duty ofdisposition for a decedent who died while on duty in any branch orcomponent of the Armed Forces of the United States, as defined by Section1481 of Title 10 of the United States Code.(2) This subdivision shall become operative only if the United StatesDepartment of Defense Record of Emergency Data, DD Form 93, and Section1482(c) of Title 10 of the United States Code are amended to allow aservice member to designate any person, regardless of the relationship ofthe designee to the decedent, as the agent who has the right of dispositionof a service member’s remains.*(Amended by Stats. 2011, Ch. 321, Sec. 1.5. (AB 905) Effective January 1,2012.)*I would also like to add underneath 7100, section 7105 which stipulates thewaiting period should legal NOK (or person acting as such) is unable to befound:7105.(a) If the person or persons listed in paragraphs (1), (3), (4), (5), (6),(7), and (8) of subdivision (a) of Section 7100 who would otherwise havethe right to control the disposition and arrange for funeral goods andservices fails to act, or fails to delegate his or her authority to act tosome other person within seven days of the date when the right and dutydevolves upon the person or persons, or in the case of a person listed inparagraph (2) of subdivision (a) of Section 7100, within 10 days of thedate when the right and duty devolves upon the person, the right to controlthe disposition and arrange for funeral goods and services shall berelinquished and passed on to the person or persons of the next degree ofkinship in accordance with subdivision (a) of Section 7100.(b) If the person or persons listed in paragraphs (1), (3), (4), (5), (6),(7), and (8) of subdivision (a) of Section 7100 who would otherwise havethe right to control the disposition and arrange for funeral goods andservices cannot be found within seven days of the date when the right andduty devolves upon the person or persons, or in the case of a person listedin paragraph (2) of subdivision (a) of Section 7100, within 10 days of thedate when the right and duty devolves upon the person, after reasonableinquiry, the right to control the disposition and arrange for funeral goodsand services shall be relinquished and passed on to the person or personsof the next degree of kinship in accordance with subdivision (a) of Section7100.(c) If any persons listed in paragraphs (1), (3), (4), (5), (6), (7), and(8) of subdivision (a) of Section 7100 who would otherwise have equalrights to control the disposition and arrange for funeral goods andservices fail to agree on disposition and funeral goods and services to beprovided within seven days of the date on which the right and duty ofdisposition devolved upon the persons, a funeral establishment or acemetery authority having possession of the remains, or any person who hasequal right to control the disposition of the remains may file a petitionin the superior court in the county in which the decedent resided at thetime of his or her death, or in which the remains are located, naming as aparty to the action those persons who would otherwise have equal rights tocontrol the disposition and seeking an order of the court determining, asappropriate, who among those parties will have the control of dispositionand to direct that person to make interment of the remains. The court, atthe time of determining the person to whom the right of disposition willvest, shall, from the remaining parties to the action, establish analternate order to whom the right to control disposition will pass if theperson vested with the right to control disposition fails to act withinseven days.(d) If the person vested with the duty of interment has criminal chargespending against him or her for the unlawful killing of the decedent, inviolation of Section 187 of, or subdivision (a) or (b) of Section 192 of,the Penal Code, the person or persons with the next highest priorityprescribed by Section 7100 may petition a court of competent jurisdictionfor an order for control of the disposition of the decedent’s remains. Forthis purpose, it shall be conclusively presumed that the petitioner is theperson entitled to control the disposition of the remains if the petitioneris next in the order of priority specified in Section 7100.After that, I think it's best to reserve the right to explain forms inperson with a mortuary employee trained to do so instead of just putting itout there for the world to see and decipher themselves...https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=7100.
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