Which statement correctly identifies the party who may grant permission to keep cremated remains on real property under Health and Safety Code 7054.6?

• A. The person who performed cremation
• B. The local zoning official
• C. The spouse
• D. Any person with the permission of the person with the right to control disposition pursuant to Health and Safety Code Section 7100

Answer: (D)

The main idea is that who can allow keeping cremated remains on private property is determined by who has the right to control disposition of the decedent’s remains. Health and Safety Code 7054.6 works with Health and Safety Code 7100 to say that remains may be kept on real property only with the permission of the person who has that right to control disposition, or someone they authorize. That means the authority isn’t tied to a specific individual like the spouse by itself, and it isn’t something a crematory operator or a local zoning official can grant. Instead, any person who has the right to control disposition—and any person the right-holder authorizes—may give permission for keeping the remains on property.

In practice, the person with the right to control disposition is typically the surviving spouse or domestic partner, or another designated decision-maker chosen by the decedent, or the next of kin if no designation exists. The key is that permission must come from that rightful party or their authorized agent, not from an unrelated party.

So the correct understanding is that permission comes from the person with the right to control disposition (as defined by 7100) or someone they authorize, which aligns with the option describing “any person with the permission of the person with the right to control disposition.”