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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I'm eighty years old, very poor health and would like to

Customer Question

I'm eighty years old, very poor health and would like to leave on my own terms. Mind and body appear in good shape, I'm just tired of living. I don't want an autopsy or to be embalmed. Anyway I can get out of it?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

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ANSWER:

CA laws do exist that require embalming if your body is shipped to any locale via a commercial carrier. The regulations also require a body to be embalmed or refrigerated if final disposition will not occur within 24 hours. There is an exception for families conducting home funerals. Here is the law. You need to put in your Will that you do not want to be embalmed.

California law requires the Medical Examiner/Coroner to investigate deaths that occur from unknown causes or under suspicious circumstances. The decision about what deaths should be investigated is made by the Medical Examiner. Not all deaths require a legal investigation and thus no autopsy would be performed. But this is really out of your hands because it depends on the cause of death.

See CALIFORNIA GOVERNMENT CODE SECTION 27491 here.

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