Legal Question in Wills and Trusts in California

legal right to a deceased family member
My father passed away 8 months ago. Him and his girlfried lived together for 20yrs but never married. His girlfriend had power of anttorney at the time of his death. He left a will but did not leave anything in writing for disposal of his ashes. He verbaly stated his instruction for disposal to me, my sister, his girlfriend and other family members. However his girlfriend still hasn't nor does she choose to follow his last instructions. I am the oldest child and next of kin. My question is Do I have legal rights to his remains so that I can follow out his final instructions and lie him to rest?

Asked on 12/20/08, 2:21 am

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: legal right to a deceased family member

this depends upon whether the "power of attorney" was a valid power of attorney for health care [or a valid advance health care directive].

see: HEALTH AND SAFETY CODE SECTION 7100 et seq. at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=&hits=20

and PROBATE CODE SECTION 4600 et seq. at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

Answered on 12/20/08, 11:13 am

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