By Last Updated: June 3rd, 2025

Advance Planning for Healthcare & Cremation in California

Your step-by-step resource for making informed end-of-life, healthcare, and cremation planning decisions in California.

Written by: Troy Centazzo, Founder and Chief Executive, Opal Cremation

Learn how to prepare for end-of-life decisions in California with our guide advance planning for healthcare, estate planning, and funeral services.

Our goal for this guide is to demystify the complicated advance planning process and provide useful information in “plain English” so anyone can understand the key concepts involving planning. 

We’ve incorporated our experiences and lessons learned after assisting hundreds of families with their planning and funeral arrangements – and working through our own advance planning and prearranged cremation services decisions.  

This guide is tailored for families and caregivers throughout Southern California, including in the Los Angeles, Orange County, and greater San Diego areas.

Table of Contents

  1. Key Takeaways
  2. Introduction
  3. Why Advance Planning Matters
  4. Key Types of Advance Planning
  5. Understanding Cremation Services
  6. If You Can Only Do a Few Things, Start Here
  7. What If Someone Dies Without a Will or Trust?
  8. Steps to Begin Advance Planning
  9. Online Legal Tools: Helpful but Not One-Size-Fits-All
  10. Planning Without Family
  11. Frequently Asked Questions (FAQ)
  12. Conclusion
  13. Additional Resources

Key Takeaways

  • Advance planning reduces emotional and financial stress on loved ones.
  • Legal tools include advanced directives, wills/trusts, powers of attorney, and funeral prearrangements.
  • A few basic steps (like an Advance Healthcare Directive) can prevent confusion and potential disputes.
  • Many resources exist for people without family or with limited income.
  • Prearranging for cremation services and memorials is easy and can be prepaid or simply put in writing.

Introduction

Thinking about end-of-life arrangements isn’t easy – just look at the stats below – but taking a few steps now can provide peace of mind for you and your loved ones. Advance planning ensures that your wishes are honored and can alleviate the emotional and financial burden on your family during a difficult time.

opal dotDid You Know?
  • Only 32% of U.S. adults have completed an advance directive, such as a healthcare proxy or living will. (Health Affairs, 2017) 
  • Just 18% of adults age 50+ have prepaid or prearranged their funeral services. (NFDA Consumer Preferences Survey, 2024)

These statistics highlight a couple important points. Most people don’t complete advance planning documents, even though they generally say they intend to. Discussing the “end of life” is not easy for many people.

Woman in California who is thinking about advance planning and prearranging cremation services feels like she’s entering a confusing maze.

Also, many people aren’t aware of what an advanced directive is or don’t understand the legalese language found in advance planning documents and are intimidated by the process. Starting the planning process can seem like entering a maze for many. 

But completing even a couple important documents can be very beneficial-even small steps today can make a big difference tomorrow.

This guide will walk you through the essentials of advance planning, with a focus on healthcare, estate, and cremation and funeral services, to help you make informed decisions.

Advance Planning and Why it Matters

What is advance planning? It means making important decisions now—before a medical emergency or death—so that your healthcare, finances, and final wishes are handled the way you want. 

 Advanced Care Planning (ACP) is focused on healthcare-specific decisions and the general process  involves preparing documents like a will, advance directive, power of attorney, or prearranged funeral arrangements while you’re still able to make decisions. 

There are many benefits of advance planning – for the planner and for their families.

1. Eases Emotional Burden

Making decisions about funeral arrangements can be overwhelming for grieving families. When someone dies without a plan, grieving family members are left to make dozens of difficult decisions—often within 24–48 hours. Families may also have to make life or death decisions if a loved one can no longer make treatment choices for themselves.

By planning ahead, you relieve your loved ones from having to make tough choices during an already challenging time.

According to a 2022 study published in the Journal of Pain and Symptom Management, patients who completed advance care planning – decisions specific to medical care- significantly reduced their family’s anxiety and confusion at end-of-life.

2. Ensures Your Wishes Are Honored

Documenting your preferences—such as choosing cremation over burial or the type of life-sustaining medical treatment one prefers —guarantees that your end-of-life wishes are respected. This clarity can prevent potential disputes among family members.

opal dotProfessional Insight

“Advance care planning ensures your treatment preferences and end-of-life wishes are respected, guiding the hospice team in providing care aligned with your values.”

Heart to Heart Hospice

3. Provides Financial Clarity

Advance planning allows you to understand and manage the costs associated with end-of-life services. Without written instructions:

  • Relatives may disagree about what you “would have wanted”
  • The wrong person might make decisions (e.g., ex-spouses, estranged siblings)
  • Conflicts over cost, cremation vs. burial, or religious preferences can arise

4. Completing a Couple Basic Planning Steps is Pretty Easy

You don’t have to plan everything at once. Even one or two steps—like naming a healthcare agent or writing down your cremation and funeral wishes—can make a big difference. And many of these tasks, like completing an Advance Healthcare Directive, are free or low-cost and take less than an hour with the right guidance. 

Key Types of Advance Planning

Key advance planning tools—like wills, trusts, power of attorney documents, beneficiary designations, and funeral prearrangements—each serve a different purpose but often work together. For example, a trust can distribute your property without probate, while a power of attorney allows someone to manage your finances if you’re incapacitated.

Summary of Advance Planning Options

Completing several of these together creates a more complete and protective plan for both you and your loved ones.

1. Wills and Living Trusts

A will is a legal document that communicates how you want your property, other assets, responsibilities handled after death. A living trust also specifies your wishes with regards to assets when you die, but also allows assets to transfer directly to beneficiaries without going through probate. (Living trusts can be revocable or irrevocable, but this important distinction is outside the scope of this article.)

Whether you need a will or trust or both depends on personal circumstances. If an estate’s value is less than $184,500 (as of 2025) and someone doesn’t own real estate, a will may suffice, though each person should seek professional advice when making this decision.

  • Estimated Cost: $200–$5,000+ (depending on complexity)
  • Professional Help: Estate planning attorney or certified legal service
  • Relevant CA Law: California Probate Code §6100–6800

2. Advance Healthcare Directive/Living Will

This form, part of Advance Care Planning, or ACP, lets you appoint someone – called an agent, proxy, or surrogate – to make medical decisions if you’re unable, and allows you to outline specific healthcare preferences (e.g., life support, resuscitation). 

  • Estimated Cost: Often free; $0–$50
  • Professional Help: Your physician, hospital, or elder law attorney
  • Relevant CA Law: Probate Code §4600–4806

opal tip

Add a DNR if appropriate. In California, a Do Not Resuscitate (DNR) order is a legally recognized instruction that tells emergency medical professionals not to perform CPR if your heart stops. While a DNR can be part of your Advance Healthcare Directive, it is typically issued as a separate form—called the California POLST (Physician Orders for Life-Sustaining Treatment).

Ask your doctor or hospice care provider for help completing it. Learn more at https://capolst.org.

opal dotDr. Ira Byock, a leader in end-of-life care, emphasizes the importance of advance directives:

“I have an Advance Directive not because I have a serious illness but because I have a family.”

Healthy Peninsula

3. Power of Attorney (POA)

A Power of Attorney form designates someone handle your financial or legal matters while you’re alive but incapacitated.

  • Estimated Cost: $50–$500
  • Professional Help: Estate or elder law attorney
  • Relevant CA Law: California Probate Code §4000–4545

Files of several California advance planning documents, such as a trust agreement, will, and power of attorney

4. Preplanned Funeral or Cremation Services

Cremation has become an increasingly popular choice for end-of-life arrangements due to its flexibility and affordability. They can be prearranged at any time prior to death.

Benefits of Choosing Cremation 

  • Cost-Effective: Generally less expensive than traditional burial.
  • Flexibility: Allows for various memorial options, including scattering ashes or keeping them in an urn.
  • Simplicity: Often involves fewer logistical considerations than burial.

Types of Cremation Services 

  • Direct Cremation: Involves cremation without a formal funeral service.
  • Cremation with Memorial Service: Combines cremation with a ceremony to honor the deceased.

Estimated Cost: Varies widely depending on services selected

Professional Help: Funeral director, insurance agent, or financial advisor

There are multiple ways individuals in California can prepay or arrange for their funeral or cremation services:

  • Prepaid Funeral and Cremation Services
    • Insurance-based preneed policies through providers like Homesteaders Life allow families to prearrange services and make payments toward future funeral costs.
    • Funeral trusts are often managed by the funeral home or a third-party trustee. Funds are set aside to be used only for funeral-related costs and may be revocable or irrevocable depending on the structure.
  • Prearranging services without prepayment involves completing all necessary forms and authorizations with a provider, but deferring payment until the time of need.
  • Payable-on-death (POD) bank accounts can be set up specifically to cover final expenses. These accounts allow funds to be transferred immediately to a beneficiary upon death, avoiding probate.

The table below reviews the pros and cons of several prearrangement options.

Preplanning Options: Pros and Cons

OptionProsCons
Insurance-based PreneedLocks in prices; payment plans availableMay involve underwriting; cancellation limits
Prearranging w/o PaymentFree to complete; allows flexibilityPrice not locked; family pays later
Payable-on-Death (POD) AccountAvoids probate; beneficiary controls fundsMust be correctly titled and updated
Funeral TrustSecured funds for services; revocable or irrevocableSome funeral providers place the insured’s funds in a trust

Case Study – Homesteaders Preneed Insurance

Preneed polices are life insurance policies, but specifically focus on prepaying for future funeral and cremation services. The policy holder’s specific memorial service wishes are included in the policy documents.

Homesteaders Life Company logo

Homesteaders Life offers insurance-based policies that allow consumers to prepay funeral or cremation services when the policy is issued or over time. The price of the services are locked in at current rates. These policies are available through licensed funeral providers and can be customized.

Payments are made in one lump sum or can be paid over time. Upon death, the funds go directly to the funeral home to pay for the funeral and cremation services. A policy holder can change its designated cremation provider or funeral home at any time. 

5. Beneficiary Designations

In California, a beneficiary is the individual (or organization) named to receive specific assets upon someone’s death—most commonly on financial, investment, and insurance accounts.

Beneficiary designations typically override instructions in a will or trust when it comes to the assets associated with that designation under California law. This is why adding a beneficiary and keeping them up to date is so critical. 

  • Estimated Cost: Free, can be done in your online account
  • Professional Help: Financial advisor or account administrator

opal tip

If the total value of the estate in California is less than $184,500 (as of 2025), your family may be able to use an expedited process called a Small Estate Affidavit instead of going through full probate. This is outlined under California Probate Code §13100. 

The simplified procedure helps families avoid the time and cost of court, provided no real estate is involved and proper documentation is submitted. To learn more, visit the California Courts website. 

opal tip

Understanding the lingo makes planning easier. Our downloadable jargon translator translates common legal terms into everyday language.

Translating estate planning legal terms into plain language

TermWhat It Means
Advance DirectiveA form that names who will make medical decisions for you if you can’t speak for yourself
DNRDo Not Resuscitate – tells emergency responders not to perform CPR in the event of heart failure
Living TrustA document that allows your property to go to loved ones without going through court
ProbateThe legal process of distributing someone’s property after they die
Power of AttorneyA legal form that lets someone act on your behalf for finances or legal matters
POLSTPhysician Orders for Life-Sustaining Treatment – medical instructions for end-of-life care
WillA document that says who should get your belongings, property, and other assets when you die

If You Can Only Do a Few Things, Start Here

If you’re short on time, energy, or resources, completing just two or three key planning steps can still make a big difference for your loved ones:

  • Complete an Advance Healthcare Directive to name a decision-maker and spell out your care preferences.
  • Prepare a Will or Trust to direct what happens to your assets.
  • Specific your preferences in writing and/or make arrangements for funeral or cremation services in advance to reduce financial and emotional strain.

If you don’t have immediate family or close friends to act on your behalf, California law still allows you to make legally binding decisions about your care and arrangements. You can name a professional fiduciary, a friend, or even a care provider as your healthcare agent or final disposition representative. California’s Office of Professional Fiduciaries maintains a public directory: https://fiduciary.ca.gov

Online legal services like Trust & Will, LegalZoom, and FreeWill offer quick, affordable ways to prepare estate planning documents combined with assistance from an attorney. These tools can be helpful for:

  • Basic wills and trusts
  • Naming beneficiaries
  • Downloadable healthcare directives and POAs

However, these platforms may not be suitable for more complex situations (e.g., blended families, special needs beneficiaries, or property held in multiple states). Double-check that documents comply with California law, and consider having a legal professional review anything critical.

What If Someone Dies Without a Will or Trust?

The legal term for when a person dies without a valid will or trust in California is “intestate.” In such cases, California’s probate court decides who receives the estate’s assets based on statutory inheritance rules.

  • If married with children, assets are divided between spouse and children.
  • If unmarried with no children, assets may pass to siblings, parents, or even more distant relatives.
  • Relevant CA Law: California Probate Code §6400–6414

opal tip

If your family needs to navigate California’s probate court system, the California Courts’ probate page has instructions and downloadable forms.

Steps to Begin Advance Planning

  1. Reflect on Your Wishes: Consider what type of service you prefer and how you want to be remembered
    opal tip
    Download our “Questions to Reflect On” handout in Additional Resources below to help you begin this process.
  2. Research Providers: Look into local service providers and professionals who can assist you.
  3. Discuss with Loved Ones: Share your plans with family members to ensure they’re informed.
  4. Consider Legal Documentation: Consult with a legal professional to formalize your plans, if necessary.

Planning Without Family

If you don’t have immediate family or trusted friends, you still have options. California law supports solo adults in making valid, binding end-of-life decisions. Or, you can appoint someone to act as the person responsible for your arrangements. 

  • Designate a healthcare agent using an Advance Healthcare Directive.
  • Appoint a legal representative to handle your affairs through Power of Attorney.

Work with a licensed professional fiduciary, who can carry out your final arrangements and oversee finances.

opal tip

If you don’t have family or close friends to act on your behalf, California’s Office of Professional Fiduciaries maintains a public directory for those needing to appoint a neutral third party: https://fiduciary.ca.gov

opal tip

Many elder care nonprofits also offer care management and surrogate decision-maker services for people without close family. See our list of agencies in the Additional Resources section below.

Frequently Asked Questions (FAQ)

What is the difference between a will and a trust in California?
Wills and living trusts both include instructions for how a person’s assets should be distributed after death, but they function differently under California law. A will directs how your assets are distributed after death but requires probate. A trust avoids probate by holding assets during life and distributing them privately after death.

Can I plan my own funeral?
Absolutely. Anyone can put their funeral service wishes in writing, such as a choice for direct cremation, that ashes will be scattered at sea, or you wish to have cremated remains turned into a diamond for a family member. These wishes can be expressed in writing and also prepaid, such as through a preneed insurance policy.  

Do I need a lawyer to complete an Advance Healthcare Directive
Not necessarily. California provides free forms that can be completed at home. Medical caregivers such as hospices often assist with completing this important document. However, a lawyer may help if you have complex wishes.

Can I do advance planning without a lawyer?
Yes. You can complete many planning steps (like an Advance Directive) using free or low-cost resources. However, for trusts or complicated estates, a lawyer is helpful.

What’s the difference between an executor, agent for power of attorney, health care surrogate, next of kin, authorized representative, and a trustee according to California law?
Advance planning certainly involves a lot of legal terminology. In California, these roles all relate to managing someone’s affairs, but they apply in different contexts. An executor handles your estate after death under your will, while an agent for power of attorney manages financial matters during your lifetime if you’re incapacitated. A health care surrogate (or agent under an Advance Health Care Directive) makes medical decisions if you can’t. A trustee oversees assets placed in a trust, a next of kin may inherit assets if there’s no will and make funeral arrangements for the deceased, and an authorized representative is a broader term often used for someone acting with legal permission in specific situations (like insurance or funeral arrangements). 

Do I need both a will and a trust in California?
It depends on one’s personal circumstances and resources. By combining both a will and trust, you can ensure that all your assets are covered—those placed in the trust avoid probate, while the will addresses any assets not included in the trust and other personal wishes.

Can I name someone other than family to make my healthcare decisions?
Yes. You can name anyone you trust in your Advance Healthcare Directive.

Can advance planning and estate legal documents be electronically signed in California?
In California, certain estate planning and advance care documents—such as powers of attorney and healthcare directives—can be electronically signed (per the California Uniform Electronic Transactions Act (UETA)).

Conclusion

Advance planning is a thoughtful gift to your loved ones, sparing them from making difficult decisions during a time of grief. By considering healthcare preferences, cremation services, and other important decisions and documenting your wishes now, you ensure that your end-of-life arrangements reflect your values and provide comfort to those you care about.

Whether you’re in Los Angeles, Anaheim, Irvine, Sherman Oaks, or Mission Viejo, planning ahead helps ease the burden on your family and makes sure your voice is heard.

opal tip

You don’t have to do it all at once. Start with one step today.

Ready to take the next step? Contact Opal Cremation or download our Advance Planning Checklist to get started today.

Want help planning today? Contact our compassionate team at Opal Cremation or call us at 888-963-2299.

Additional Resources

List of Legal Assistance Organizations in Southern California

Los Angeles County

OrganizationDescription
Legal Aid Foundation of Los Angeles (LAFLA)Provides free legal assistance to low-income individuals, including seniors. Services include help with housing, public benefits, and legal self-help centers across LA County.
Bet Tzedek Legal Services – Justice for Seniors  LINK: https://bettzedek.org/our-services/justice-for-seniors/Offers legal services focused on elder law issues including elder abuse, housing, government benefits, and caregiver support.
Neighborhood Legal Services of Los Angeles County (NLSLA) LINK: https://nlsla.org/services/help/Delivers free legal help to low-income residents, including seniors, in areas such as housing, healthcare, and public benefits.

Orange County

OrganizationDescription
Community Legal Aid SoCal – Seniors Unit link: https://www.community legalsocal.org/Offers free legal services to Orange County residents age 60+. Assists with elder abuse, housing, healthcare, consumer issues, and benefits.
Senior Citizen Legal Advocacy Program (SCLAP)Provides free legal counseling and representation for seniors at multiple senior centers across the county. Covers civil and administrative issues.
Chapman University Fowler School of Law – Elder Law ClinicOffers free legal services to low-income seniors, delivered by supervised law students. Topics include elder abuse, wills, and healthcare directives.
Public Law CenterDelivers pro bono civil legal services to low-income Orange County residents, including seniors, in areas such as health, housing, and consumer rights.

San Diego County

OrganizationDescription
Elder Law & AdvocacyProvides free legal advice and Medicare counseling to adults 60+ in San Diego County. Also offers education and advocacy.
Legal Aid Society of San Diego (LASSD)Offers a wide range of free legal services to vulnerable individuals and seniors. Covers housing, benefits, and access to healthcare.
San Diego County Aging & Independence Services – Legal ServicesConnects seniors with free legal service providers and assistance on simple legal matters and referrals for more complex cases.

Downloadable Resources

Advance planning checklist for California families

To assist you further, we’ve created several helpful tools:

Have questions about planning ahead? Contact Opal Cremation at opalcremation.com or call us at 888-963-2299.

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