A funeral director knows a family member that has the right to control the disposition has been charged with murder; under these circumstances, to whom is the right to control transferred?

• A. The eldest child
• B. The majority of the children
• C. The next in priority pursuant to section 7100 of the Health and Safety Code
• D. The parent or parents of the deceased, if living

Answer: (C)

When the person who has the right to control disposition is unable to exercise that right due to a serious charge like murder, California law shifts the authority to the next eligible person. Health and Safety Code section 7100 sets the priority order for who may control disposition, and if the primary holder is disqualified, the right passes to the next person in that statutory order. This ensures the disposition can proceed without delay and provides a clear mechanism for determining who is in charge. In this scenario, the right to control disposition would be transferred to the next in priority pursuant to section 7100, rather than staying with the charged individual or defaulting to someone else outside that statutory order.