What to Do When Someone Dies at Home in California

what to do if someone dies at home in ca

Someone Just Died at Home — Who Do I Call?

  • If the death was unexpected — or you are not certain the person has died — call 911.
    • If there is any possibility the person is still alive, tell the 911 dispatcher exactly what happened and follow their instructions.
    • Paramedics, law enforcement or other authorities will determine what needs to happen next.
  • If the person was enrolled in hospice and the death was expected, call the hospice’s 24-hour number first.
    • The hospice team will tell you what to do, who will come to the home and when the funeral home or mortuary should be contacted.
    • For hospice care related to the terminal illness, Medicare instructs beneficiaries to contact the hospice team before obtaining emergency-room, inpatient hospital or ambulance services that have not been arranged by hospice.
  • If the Medical Examiner becomes involved:
    • The family normally chooses the funeral home or mortuary.
    • The funeral director then coordinates release of the body with the Los Angeles County Department of Medical Examiner.
  • If the death may have resulted from an accident, violence, suicide or suspicious circumstances:
    • Follow the instructions given by 911 and law enforcement.
    • Do not unnecessarily clean up or disturb the area.
  • Los Angeles County Department of Medical Examiner |
  • Medicare Hospice Care

Expected Death at Home — Hospice

  • If your loved one was receiving hospice care and the death was expected, start by calling the hospice.
    • Hospice programs provide instructions for what the family should do when death occurs at home.
    • The hospice will explain who will confirm or pronounce the death and what paperwork or notifications are required.
    • The hospice team can also tell you when to contact the funeral home or mortuary you have selected.
  • Do not automatically call 911 for an expected hospice death unless the hospice has instructed you to do so or there is an emergency involving someone who may still be alive.
    • Medicare requires care related to the terminal illness to generally be provided or arranged through the hospice team.
  • Planning ahead can make this much easier.
    • Keep the hospice’s 24-hour telephone number where family members can easily find it.
    • If possible, select a funeral home or mortuary before the death occurs and let the hospice know your preference.
  • Medicare Hospice Coverage Explained

Unexpected Death at Home

  • If someone suddenly collapses, is found unresponsive or dies unexpectedly, call 911.
    • Do not assume the person is dead.
    • Tell the dispatcher what you see and follow the dispatcher’s instructions.
  • Police, paramedics and the Medical Examiner may become involved depending upon the circumstances.
    • Los Angeles County investigates deaths that are sudden, violent or unusual.
    • This includes suspected accidents, homicides and suicides.
    • The Medical Examiner may also become involved in certain natural deaths when there is no physician legally able or willing to certify the cause of death.
  • You do not need to decide immediately what caused the death.
    • Call 911 and allow emergency personnel and the appropriate authorities to make that determination.

Official Resource: Los Angeles County Medical Examiner — Our Responsibility

When Does the Medical Examiner Get Involved?

  • The Los Angeles County Department of Medical Examiner investigates certain deaths required by law.
    • Sudden or unexpected deaths.
    • Violent deaths.
    • Suspected homicide.
    • Suspected suicide.
    • Accidental deaths.
    • Other unusual or suspicious circumstances.
    • Certain natural deaths when a physician cannot legally certify the death.
  • Los Angeles County also identifies deaths in which the deceased had not been seen by a physician within the required period before death.
    • The Medical Examiner’s Reporting Desk determines whether a particular death falls within its jurisdiction.
  • A Medical Examiner case does not necessarily mean an autopsy will be performed.
    • The Medical Examiner determines what investigation, examination or testing is necessary to establish the cause and manner of death.
  • Los Angeles County Medical Examiner — Our Process

Who Takes the Body Away?

  • If the Medical Examiner takes jurisdiction:
    • Los Angeles County may transport the deceased to the Department of Medical Examiner.
    • The family chooses the funeral home or mortuary.
    • The family’s funeral director coordinates the paperwork and release of the body from the Medical Examiner.
  • If the Medical Examiner does not take jurisdiction:
    • Most families arrange for their chosen funeral home or mortuary to transport the deceased.
    • If your loved one was in hospice, the hospice team can tell you when the mortuary should be called.
  • The Medical Examiner does not choose your funeral home for you.
    • Los Angeles County specifically instructs families to select a funeral home and have the funeral director contact the Medical Examiner when the County is handling the death.

Official Resource: Los Angeles County Medical Examiner — Information for Families

Who Has the Legal Right to Make Funeral Decisions?

  • A person can leave written instructions regarding the disposition of his or her remains.
    • California law provides rules governing when those written instructions control.
  • If there are no controlling written directions, California law establishes who has the right and responsibility to make disposition arrangements.
    • An authorized agent under a power of attorney for health care may have priority.
    • Next may be the surviving spouse or registered domestic partner.
    • Then adult children.
    • Then parents.
    • Then adult siblings.
    • Other persons may have authority farther down the statutory order.
  • Exceptions can apply.
    • Family disagreements, written instructions, military designations, powers of attorney and other circumstances can affect who has authority.
    • For a disputed situation, legal advice from a California attorney may be appropriate.

Official Resource: California Cemetery and Funeral Bureau — Who Has the Right to Make Decisions?

What Does the Funeral Director Do?

  • A funeral director can handle much of the paperwork and coordination that follows a death.
    • Arrange transportation of the deceased.
    • Coordinate with the Medical Examiner when necessary.
    • Help obtain and complete information needed for the death certificate.
    • Coordinate burial, cremation or other disposition arrangements.
    • Work with the cemetery or crematory.
    • Generally obtain the required permit for disposition as part of the funeral establishment’s services.
  • Ask for prices before agreeing to services.
    • California funeral establishments are required to provide pricing information and an itemized statement for the services and merchandise selected.
  • You are not required to buy every service a funeral home offers.
    • Ask what is legally required, what is optional and what each item costs before signing an agreement.
  • California Consumer Guide to Funeral & Cemetery Purchases

Is Embalming Required in California?

  • California law does not generally require embalming.
    • The person with the legal right to control disposition normally accepts or declines embalming.
    • There can be special circumstances in which different requirements apply.
  • Religious Considerations — Jewish and Muslim Burial
    • Jewish burial: Traditional Jewish law prohibits embalming and emphasizes respectful handling of the body and burial as soon as reasonably possible. If the deceased was Jewish and the family wishes to follow Jewish burial practices, contact the family’s rabbi, synagogue or Chevra Kadisha (Jewish burial society) before authorizing embalming.
    • Muslim burial: Islamic burial practice also generally prohibits or avoids embalming, except when required by law or other necessity. The deceased is traditionally washed, shrouded and buried as soon as reasonably possible. A local imam or Islamic funeral service should be contacted before authorizing embalming.
    • Tell the funeral home immediately if religious burial requirements apply.
      • Do not assume embalming is required simply because a funeral home offers it.
      • If Jewish or Muslim burial traditions are important to the family, tell the funeral director before signing an embalming authorization or allowing preparation of the body to begin.
    • Religious Resources:
  • An unembalmed body may need to be refrigerated.
    • California’s Cemetery and Funeral Bureau states that a funeral establishment must refrigerate an unembalmed body in its possession when burial, cremation or hydrolysis does not occur within 24 hours.
  • Embalming may still be chosen for practical reasons.
    • For example, a family may choose embalming when there will be a delay before a public viewing.
  • Do not assume embalming is mandatory simply because a funeral is being arranged.
    • Ask the funeral director whether it is legally required or simply one of the available choices for the arrangements you are considering.
  • California Consumer Guide to Funeral & Cemetery Purchases

Religious Objections to Autopsy —

Tell the Medical Examiner Immediately

  • Some religions have serious restrictions or objections concerning autopsies.
    • Traditional Jewish law generally prohibits an autopsy because of the requirement to preserve the dignity and integrity of the deceased, although exceptions may apply in extraordinary circumstances.
    • Islamic views can vary. Respect for the deceased and prompt burial are important principles, but Islamic authorities may permit an autopsy when there is a compelling legal, medical or public-interest necessity.
    • If Jewish or Muslim burial requirements are important to the family, contact a rabbi, Chevra Kadisha, imam or Islamic funeral service immediately.
  • Tell the Los Angeles County Medical Examiner immediately if there is a religious objection to an autopsy.
    • Do not wait until funeral arrangements are already underway.
    • The legal next of kin may submit an Objection to Autopsy to the Medical Examiner.
    • If necessary, the next of kin may be given up to 48 hours to seek a court order attempting to prevent the autopsy.
  • California also allows a person to prepare a Certificate of Religious Belief before death.
    • The certificate must clearly state that a postmortem anatomical dissection, or specified procedures, would violate the person’s religious convictions.
    • It must be signed and dated by the person in the presence of at least two witnesses, who must also sign it.
  • A religious objection does not guarantee that an autopsy can always be prevented.
    • The Medical Examiner may still be required or permitted by California law to conduct an autopsy when necessary to investigate the death.
    • California specifically permits an objection to be overridden when there is reasonable suspicion that the death resulted from the criminal act of another person or from a contagious disease that presents a public-health hazard.
  • Resources:

Death Certificates — How Many Do I Need?

  • A certified death certificate is the official legal record of the death.
    • Life insurance companies may require one.
    • Banks and financial institutions may require one.
    • Pension and retirement plans may request one.
    • Government agencies and other organizations may require proof of death.
    • Property, trust or probate matters may also require certified copies.
  • There is no one number that every family needs.
    • Before ordering a large number, make a list of the organizations that must be notified.
    • Ask whether each organization needs an original certified copy or will accept another form of documentation.
    • Your funeral director can usually help you estimate the initial number of certified copies to order.
  • In Los Angeles County, death certificates may be obtained through the funeral home or the appropriate County vital-records office.
  • Los Angeles County Medical Examiner — Information for Families

What Should the Family Do Next?

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