Q: How to get legal authority for burial changes with incapacitated parent in CA?

A: Once someone has lost their mental capacity from a legal standpoint (a physician should make that determination in writing), then the only way to make decisions for the incapacitated person is to become their conservator. I no longer handle conservatorships, but there are plenty of lawyers on Justia who do. Also, be careful about removing someone’s remains. There are laws on that subject.

Best wishes!

A: Given the sensitive nature of your situation with both your father and sister, here's guidance on pursuing legal authority for burial arrangements in California:

In California, you'll need to petition the court for conservatorship of your father, which will grant you legal authority to make decisions on his behalf, including burial arrangements. The process begins by filing a petition for conservatorship with your local superior court's probate division, along with medical documentation proving your father's incapacity and your relationship to him.

You'll also need to contact the cemetery or mausoleum directly to understand their specific requirements for relocating your sister's remains. Most facilities require court documentation showing your legal authority, whether through conservatorship or other means, before proceeding with any changes to existing arrangements.

While pursuing conservatorship, consider working with a probate attorney who can help navigate both the court process and communicate with the cemetery. The attorney can also advise whether alternative legal options might be more appropriate for your specific circumstances, such as seeking a limited court order specifically for the burial arrangements rather than full conservatorship, which could potentially save time and resources during this challenging period.