Asked in Elder Law for California

Q: An advanced healthcare directive from Sharp Medical Center states agents authority after death,

The word none is written. Does that mean that the agent has no authority to make decisions regarding funeral arrangements?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your question touches on an important distinction in healthcare directives and end-of-life planning.

When "none" is written regarding agent authority after death in an advanced healthcare directive, this specifically relates to medical decision-making powers. The healthcare directive and its designated agent's powers typically end at the time of death. However, funeral and burial arrangements fall under different legal frameworks and documents - usually through either specific funeral directive documents or through the authority given to the executor of the will.

If you need to make funeral arrangements, you should look for other relevant documents like a funeral directive, will, or trust that might specify these wishes. In California, you can also complete a separate legal document specifically authorizing someone to handle your funeral arrangements. Consider consulting with an elder law attorney to ensure all your end-of-life wishes, including funeral arrangements, are properly documented in the appropriate legal instruments.

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