If your given durable power for health in California, can you arrange the funeral if their's an incapable child in another state?

Just to clarify: you have health POA and you live in California. The person you care for is also in California and is gravely ill? - I'm sorry. This person has another adult child, living in another state, and the other child is not capable of making decisions? - or is just not the one appointed to do so?

I should have thought that the person with DPOA should go ahead and make arrangements. I should also have thought that as a matter of normal kindness and courtesy that person would keep the adult child informed and seek his or her agreement, no?

It sounds as if you anticipate there being some problem here which isn't clear to me. Is it that the DPOA and the out of state child are likely to disagree as to what arrangements ought to be made? Why would they?

If the out of state child is legally lacking capacity, on the other hand, how could there be any legal requirement to obtain his consent? - he's not capable of giving it.

I was a Deputy Clerk of Probate Court in S.C. and prior to that a para legal for several attorneys. I have drawn up our living wills, last will and treatments, healthcare powers of attorney, and regular P.O.A. 's . Generally Powers of attorney are to make decisions, sell property, etc. While the person is living. Powers die when the person dies. A properly signed and witnessed living will tells the doctors that the person did not want to be kept alive by artificial means. A will would usually name the person to be Personal Representative of the estate and also specify exactly what the person wants done with their remains, like cremation, certain hymns for the funeral, etc. Your situation sounds more complicated and probably will need an attorney licensed to practice law in California and/or a judge's decision. Sorry I cannot help more. What happened with my own sister really should not have happened legally, but it did. If there is an adult offspring who is non compose mentos he/she should have a guardianship, committeeship or G.A.L. who can act in their best interest.

Testament was the word above, not treatment, as computer changed it automatically and I did not catch it.