Panorama City, CA asked in Family Law for California

Q: Does a POA or private funeral mean the cemetery can't ever release my stepmom's grave location to me?

I told them that the funeral has passed, it was 3/18 and I am not asking to go. I am asking for her grave location, so I may visit and take my father to have closure on his wife's passing. My stepsister blocked us from the funeral and then told everyone that my dad did not want to come- we know this from people who went and called my dad. My dad contacted an atty who wrote to the cemetery that the P.O.A. was questionable (there is question as to whether it is a legal P.O.A.) and they should not follow it but they ignored that atty and never replied. I really just want to say goodbye to my step mom and I contacted the funeral bureau and they said I needed to ask an attorney. I had to reach out to the cemetery's patron services to get help and after several calls- they forced the cemetery to call me and I was told by their coordinator that she was told not to tell me or give out the location of the grave.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: A power of attorney (POA) typically gives the person appointed the authority to make decisions and act on behalf of the person granting the power of attorney. However, a POA does not necessarily restrict access to information, such as the location of a loved one's grave.

Private funeral arrangements do not necessarily restrict access to information about the location of a loved one's grave either. While funeral homes and cemeteries may have policies in place to protect the privacy and security of their customers, there are generally no legal restrictions that prevent them from providing information about the location of a grave to family members.

If you are having difficulty obtaining information about the location of your stepmom's grave, you may wish to contact an attorney who specializes in cemetery and funeral law. They can help you understand your legal rights and options, and may be able to assist you in obtaining the information you need. Additionally, you may wish to reach out to the cemetery's management or patron services department to request access to this information and to express your concerns about the lack of response from the cemetery to your inquiries.

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