Person assigned as agent in california power of attorney helath care and person passes away can the agent arrange the funeral even if they have a child in another state do I still need to get the OK from them even if they are not capable of making any decison.
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.