Right to Control Disposition

The California Health and Safety Code, Section 7100 identifies who has the right to make decisions about the disposition  arrangements after an individual's death if no directions are left.  Family Code Sections 297 and 297.5 were added January 1, 2005 to include registered domestic partners to  the following list of individuals. The responsibility for making  decisions devolves in the following order:

1. An Agent under a Power of Attorney for Health Care 
2. Spouse or Registered Domestic Partner
3. Adult Children
4. Parents
5. Adult Siblings
6. Other Competent Adult Kin 

**NOTE - A Power of Attorney (POA) ends after the death of the principal (the person who created the power of attorney document). This legal authority is only valid during the lifetime of the person who issued it, becoming null and void once they pass away.

• If the Principal left behind a will, the Executor named in the will and verified by the court has the authority to act on behalf of the  estate.
• If the Principal died without a will (intestate) a court appointed administrator or a next of kin can apply to become the personal representative of the estate.

Fax Completed Forms To
408-998-8631