Under California law, the person who has the legal right and responsibility to arrange for the burial or cremation of a deceased person’s remains is the designated agent named in the decedent ’s Advance Health Care Directive (or Durable Power of Attorney for Health Care Decisions).
Full Answer
Can I make funeral and burial arrangements with a power of attorney?
A durable power of attorney is a legal document that appoints an individual (‘the agent’ or ‘attorney-in-fact’). While there are specific types of powers of attorney, the specific type that works in relation with a health care proxy is a medical power of attorney. An individual specified within this document is given financial authority ...
Does Nebraska have a designated agent law for cremation?
A springing power of attorney may, or may not, be durable. (Prob C § 4129) Power of attorney for health care : A power of attorney authorizing the agent to make health care decisions for the principal. Becomes effective when the principal lacks the capacity to make such decisions. The authority does not terminate upon the death of the principal.
Can I name someone as my next of kin for cremation?
The Advance Health Care Directive has replaced the Durable Power of Attorney for Health Care (or “DPAHC) as the legally recognized document for appointing a health care agent in California. The Advance Health Care Directive allows you to do more than a DPAHC. An Advance Health Care Directive permits you not only to appoint an agent, but to ...
Can a power of attorney for health care be revoked?
May 12, 2011 · Susana Lannik. A person's power of attorney terminates upon his or her death, as does his health care power of attorney. You will have to work outside the framework of a power of attorney and health care proxy. Your father's attorney should have included his wishes for burial or cremation and properly advised you.
Who has rights to ashes after cremation California?
Section 7116 states cremated remains may be scattered on private property, provided they are removed from their container, are not distinguishable to the public, and written permission has been obtained from the property owner or governing agency.
Who can authorize a cremation in California?
the county health department
A burial/cremation permit must be issued by the county health department. The funeral establishment usually arranges to obtain this permit as part of its services. A casket is not required for cremation by California law, but a combustible cremation container, also known as an alternative container, is.Jul 21, 2021
Who has rights to ashes after cremation?
Who has the right to possess cremation ashes? The right to possess the ashes is likely to be “the executor*, or whoever was at the charge of the funeral” or basically the person who signed the contract with the funeral director.
Is power of attorney valid after death of agent?
Is power of attorney valid after death? Unfortunately, if the principal dies, a power of attorney ceases to exist. The purpose of a POA is for the agent to act on behalf of the principal when the principal is unable to carry out their own legal matters.Jun 25, 2021
Is it illegal to spread ashes in California?
Many people like to scatter their loved one's cremated remains by air, and while California hasn't enforced any laws on this, individuals aren't allowed to drop any objects that could potentially injure people or property, according to federal law.Jul 14, 2016
Can you bury cremated remains in your backyard in California?
People are permitted to scatter in California where no local prohibition exists and with written permission of the governing agency or property owner (if it's not property you own). In addition, the ashes, once scattered, must not be distinguishable to the public.Jan 30, 2020
Who is legally responsible for ashes?
The person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.Apr 18, 2016
Who decides where ashes go?
So the executor or highest ranked relative can insist on having the ashes returned to them, despite not having applied for cremation, and can decide whether to inter, scatter or retain the ashes. One final point is worth noting here.Mar 28, 2019
What does God say about keeping ashes?
There is no Biblical precedent for cremation. Ultimately, it depends on the personal wishes of the deceased or, if no wishes were left, the feelings and preferences of those making decisions for their final arrangements. If you decide to cremate and scatter ashes, nothing in the Bible prohibits you from doing so.May 1, 2021
Does power of attorney end at death in California?
Without any such specific designation, a POA terminates upon the grantor's death. This means that the person that you selected as your power of attorney would not be able to handle any financial matters on your behalf when you pass away.Nov 11, 2016
What happens to power of attorney when someone dies?
The lasting power of attorney ( LPA ) ends when the donor dies. You must report the death of a donor to the Office of the Public Guardian ( OPG ).
Does power of attorney override next of kin?
While next of kin is a relationship designation, power of attorney is a legal designation. You can choose almost any adult you want as your power of attorney. It's a good idea to make sure they're on board with this responsibility, though.
Can you appoint an alternate health care agent?
You can also appoint one or more “alternate agents” in case the person you select as your health care agent is unavailable or unwilling to make a decision. (If you appoint your spouse and later get divorced, the Advance Health Care Directive remains valid, but your first alternate agent will become your agent.)
What happens if you can't make your own health care decisions?
If you become unable to make your own health care decisions, your agent will have legal authority to speak for you in health care matters. Physicians and other health care professionals will look to your agent for decisions rather than to your next of kin or any other person.
What is advance directive?
An Advance Health Care Directive is the best way to make sure that your health care wishes are known and considered if for any reason you are unable to speak for yourself. Completing a form called an “Advance Health Care Directive” allows you, under California law, to do either or both of two things:
Can you choose a doctor?
You may not choose your doctor, or a person who operates a community care facility (sometimes called a “board and care home”) or a residential care facility in which you receive care, unless the person is related to you by blood, marriage, or adoption, is a co-worker.
Does a power of attorney terminate upon death?
A person's power of attorney terminates upon his or her death, as does his health care power of attorney. You will have to work outside the framework of a power of attorney and health care proxy. Your father's attorney should have included his wishes for burial or cremation and properly advised you.
What is a statement of burial wishes?
A statement of burial wishes can either be contained in a will, or in a separate document designating a custodian for the body...
What is a durable power of attorney?
There are two basic kinds of health care documents that everyone should make. First , you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is commonly called a durable power of attorney for health care.
What is a community care worker?
an operator or employee of a community care facility, unless the individual is your registered domestic partner or is related to you by blood, marriage or adoption -- or you and the employee both work at the community care facility.
California’s Laws Regarding The Disposition of A Person’S Remains
California has enacted statutory provisions that govern the disposition of an individual’s remains, which includes giving you the right to control how your remains will be disposed of. The key is that you must put your wishes in writing in order to utilize your right to control. Under the law in California, a decedent’s prefe…
Rights Provided Under The California Health and Safety Code
- An individual can provide written instructions, prior to death, regarding the disposition of his or her remains, including specifying the funeral services you want to be provided. Those written instructions will be controlling as long as they are clear and complete and arrangements have been made to cover the expenses related to those arrangements. The financial arrangement mu…
There Are A Variety of Methods For Expressing Your Wishes
- As our elder law attorneys can tell you, there is no requisite format for the written expression of your wishes for the disposition of your remains. In fact, there are several choices that you can consider, including a testamentary expression (last will and testament), advance health care directives, and contracts with third-parties.
Expressing Your Wishes in Your Will
- You may include provisions in your will regarding your wishes as to the disposition of your remains upon your death. Those provisions must be carried out regardless of whether there are questions regarding the validity of any other portions of the will. These provisions must also be carried out regardless of when the will is actually admitted to probate. One of the benefits of thi…
Creating An Advance Health Care Directive
- California has a statutory form that is used for creating an advance health care directive. This form includes specific language that authorizes an agent to direct the disposition of the individual’s remains upon their death. In this case, the authorization provided to the agent allows him or her to make decisions regarding the disposition and those decisions take precedence ov…
Contracts with Third-Parties
- Another option to consider is executing a binding agreement with a funeral home or memorial society. These organizations have forms for potential customers to use in expressing their wishes with regard to the disposition of their remains.
Other Written Expressions of Your Wishes
- While there may be other options for expressing your wishes with regard to the disposition of your remains, those other methods may be more subject to challenges on the various grounds upon which other estate planning documents may be challenged. Those may include challenges based on lack of capacity, undue influence, mistake, and lack of intent. If you are facing these challeng…
What Happens If There Are No Written Instructions
- In situations where the decedent has not left any written instructions as to their remains, the duty to decide on and arrange for the disposition, as well as payment of the expenses, will fall on specific individuals as identified in various estate planning tools. First, the person who is named agent pursuant to a power of attorney for health care would have the power to determine dispos…
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