When does an agent named under a power of attorney for health care have the authority to direct the disposition of the remains of the principal?

When does an agent named under a power of attorney for health care have the authority to direct the disposition of the remains of the principal?

• A. Always
• B. Never
• C. Only when expressly so authorized in the power of attorney for health care
• D. In the absence of any limitations in the power of attorney for health care

Answer: (D)

The authority to direct the disposition of the principal’s remains comes from the scope of the power of attorney for health care. If the document does not place any express limitations on that aspect, the agent is authorized to direct disposition because there are no restrictions stated in the instrument. In other words, the agent’s power extends as far as the POA allows, and without limitations, directing disposition is included. If the POA does contain specific limits or appoints someone else for disposition, those rules govern and the agent would not have that authority beyond what’s written.

The authority to direct the disposition of the principal’s remains comes from the scope of the power of attorney for health care. If the document does not place any express limitations on that aspect, the agent is authorized to direct disposition because there are no restrictions stated in the instrument. In other words, the agent’s power extends as far as the POA allows, and without limitations, directing disposition is included. If the POA does contain specific limits or appoints someone else for disposition, those rules govern and the agent would not have that authority beyond what’s written.