Jacksonville, FL asked in Elder Law for California

Q: If a durable POA expires at death then how does a funeral home say they have to listen to the family member with one?

It seems that CA laws contradict each other? (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing with Section 4600) - how are they still an agent if the power of atty expires? And can an atty be a witness on a POA?

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James L. Arrasmith
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Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a durable POA expires at death then how does a funeral home say they have to listen to the family member with one?

It seems that CA laws contradict each other? (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing with Section 4600) - how are they still an agent if the power of atty expires? And can an atty be a witness on a POA?

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