Legal Question in Wills and Trusts in California
Can I write a will staing my last wish as to who gets to do my last rites? I am married and do not want my husband to take custody of me (my body) after my death and do my last rites. How will my last wish be fulfilled lawfully? What should I do to protect my right even after my death? Who will enforce it and what is the procedure involved?
Please advise.
SK
1 Answer from Attorneys
Yes, a valid witnessed will (Prob C ? 6110) can direct the manner and method of your body's burial. Alternatively, you can execute an advance health care directive or sign a contract with a funeral home in order to effectuate your burial wishes.
Your expressed preferences for burial and related matters may be judicially enforced. For example, your health care agent may obtain a court order compelling a third party to comply with your burial instructions Prob C ? 4701(e). I hope this answers your questions.
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