Legal Question in Elder Law in California
If a parent has expressed to his children what he wants done with his remains upon his death, can a second wife who entered the picture much later overrule those wishes. She claims he asked for a different disposition of his remains. The father is in late stage Alzheimers and not cpable of making any requests like that himself now.
2 Answers from Attorneys
Yes she can, unless the wishes were put in a health care power of attorney or other proper document.
People CAN do anything they like and can get away with. Do you drive within the speed limit always??
The proper way for the parent to have done this was through a will or trust signed before they became incapable of making one. Too late now.
If family members want to try to fight to control this situation now, it will result in litigation at the time of death to convince a judge of what the desired of the parent were. HOWEVER, the new wife has legal standing to make those decisions normally, and her testimony regarding the parent's desires will carry great weight in court.
If serious about hiring counsel for this when the time comes, feel free to contact me. It may be possible to presently negotiate an agreement among all the parties to avoid litigation.
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