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Can I make decisions about my spouse or partner’s remains?

Seth Bier · January 30, 2019 ·

Yes, if you are married or in a registered relationship and in a state which recognizes that relationship. However, if you’re either, i) not married or in a registered relationship, or ii) you are in a state which does not recognize that registered relationship, then default state law allows your partner’s family of origin rather than you to make those decisions. However, if your spouse or partner designates you as agent under their Health Care Power of Attorney, then you would be able to make such decisions.

About Seth Bier

Seth Bier is an estate planning attorney serving Redondo Beach, Palos Verdes Peninsula, Manhattan Beach, Hermosa Beach, Torrance, and families throughout the South Bay. His practice focuses on trust planning, probate avoidance, and long-term inheritance protection strategies.

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