Section 1277.5 - Disclosure of Preneed Funeral Agreement(a) The statement disclosing whether or not the funeral establishment has any preneed agreement made by or on behalf of the deceased shall be made on the "Disclosure of Preneed Funeral Agreement" form provided by the Bureau (Form 21F1 (10/03)), which is hereby incorporated by reference. The disclosure statement shall be signed and dated by the representative of the funeral establishment and by the survivor or responsible party. A copy of the completed disclosure statement shall be given to the survivor or responsible party, and the original completed disclosure statement, or copy thereof, shall be retained by the funeral establishment for not less than one (1) year after the serviced preneed account has been audited by the Bureau or seven (7) years from the date the disclosure statement was made, whichever comes first.(b) The "survivor" is the person with the right to control disposition of the remains under Health and Safety Code Section 7100, or their designee.(c) The "responsible party" is the person contracting for funeral goods or services or both funeral goods and services for the decedent from the funeral establishment.(d) Pursuant to Business and Professions Code Sections 7685.6 and 7745, a copy of any signed preneed agreement made by, or on behalf of the decedent that is paid for in full or in part and is in the possession of the funeral establishment must be given to the responsible party or the decedent's survivor who is handling the funeral arrangements prior to drafting any contract for goods or services.Cal. Code Regs. Tit. 16, § 1277.5
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
2. Amendment of subsection (d) filed 2-9-2023; operative 2-9-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6). Note: Authority cited: Section 7606, Business and Professions Code. Reference: Sections 7606, 7685.6 and 7745, Business and Professions Code.
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
2. Amendment of subsection (d) filed 2-9-2023; operative 2/9/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6).