Pre-arrangement Protection
A person may direct in writing the disposition of his or her remains and specify the funeral goods and services desired. Unless there is a written statement to the contrary that is signed and dated by the person, these directions may not be changed in any material way except as required by law. In this way, you can provide funeral Pre-arrangement Protection.
The law protects a person's choices after death, providing that:
The law protects a person's choices after death, providing that:
- The written directions are clear and complete; and
- Arrangements for payment of final services via trusts, insurance, commitments by others, or any other means have been made which precludes the payment of money by the survivors(s) who might otherwise have the right to control disposition.
- Instead of giving written instructions, a person may give the right and duty of disposition to a Person Authorized to Direct Disposition (PADD) on a U.S. Department of Defense Record of Emergency Data (DD Form 93) as that form existed on December 31, 2011, or its successor form (if an active duty member of the U.S. Armed Forces) or to an agent under a power of attorney for health care or an advance health care directive. This agent will have the full right to act and control the decedent's disposition unless the power of attorney or an advance health care directive limits or removes that right or ceases upon death.
- In the absence of written instructions, a PADD, an advance health care directive, or power of attorney for health care, the right and duty of disposition moves next to a surviving competent spouse or registered domestic partner. To be considered a registered domestic partner in California, a person must have filed a Declaration of Domestic Partnership with the Secretary of State under Family Law Code section 297.
- In the absence of the above documents and people, the right and duty of disposition would fall to the surviving competent adult child or the majority of the surviving competent adult children, then the competent parent or parents, then the competent adult sibling or the majority of the surviving competent adult siblings, and then the competent adult or the majority of the surviving competent adults in the next degree of kinship, followed by conservator of person, conservator of estate, or public administrator.
In addition, the law governs issues such as the time in which family members must act, what happens if all members cannot be found or cannot agree on what to do, and who is responsible for the costs of disposition. Be sure to review and understand all the provisions of law when you are considering these choices. The applicable laws and regulations can be found on the Department of Consumer Affairs Cemetery and Funeral Bureau's Web site at www.cfb.ca.gov.
(NOTE: Exceptions may apply in certain situations. You have the right to select a different person to make the decisions about your arrangements, if you wish. You may wish to consult with an attorney about including such instructions in your will or in another written document, such as a power of attorney for health care. Be sure to provide copies of your instructions to family members and keep your own copy in a place that can be easily accessed.)
(NOTE: Exceptions may apply in certain situations. You have the right to select a different person to make the decisions about your arrangements, if you wish. You may wish to consult with an attorney about including such instructions in your will or in another written document, such as a power of attorney for health care. Be sure to provide copies of your instructions to family members and keep your own copy in a place that can be easily accessed.)
