AB 2542 signed: disposition authority can pass to the next eligible person in specified cases
Verified legislative action, September 30. Governor Gavin Newsom signed AB 2542, “Marissa’s Law,” on September 30. The measure was chaptered as Chapter 951, Statutes of 2026, changing the status reported while the bill was awaiting action.
The chaptered bill record describes two circumstances in which the right to control disposition passes to the next eligible person in the Health and Safety Code section 7100 priority order, when the funeral director or cemetery authority knows the relevant fact: the otherwise entitled person was subject to a domestic-violence restraining order protecting the decedent at death; or a qualifying court determination or legally determinative document establishes that giving the person control would have been contrary to the decedent’s best interests. The measure also provides protection from civil or criminal liability and licensing discipline for a determination made under these provisions.
Practice point: Firms can prepare a written escalation path for disputed authority, with a place to record the order or document reviewed, who made the decision and why the next person in the statutory priority was contacted. Staff should read the California Legislature’s final bill text and confirm the operative date before treating this summary as an instruction to change an arrangement already in progress.
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