Q I heard that body composting was legalized in California and yet I have not seen any companies offering it here. Is it legal and, if so, are there companies offering it?

A In 2022, Gov. Gavin Newsom signed the bill to allow natural organic reduction in California. However, the law does not go into effect until January 2027 so, as yet, no companies are currently offering body composting in facilities located in California.

Natural organic reduction is becoming popular because it is less harmful to the environment than the other legal options: cremation and burial. According to published reports, composting provides an alternative method of final disposition that does not contribute emissions into our atmosphere and actually captures CO2 in our soil and trees. Composting produces no net CO2 compared to 535 pounds from cremation. The nutrient-rich resulting soil restores the land and improves soil health.

Most composting companies offer to use the soil in lands that they manage, or the resulting soil can be returned to family for scattering. Note that at this time scattering the soil requires a permit and is restricted, as is the scattering of ashes from cremation.

Recompose (Recompose.life) and Earthfuneral (Earthfuneral.com) are two companies that are currently offering composting to California residents. Like most funeral homes and cremation providers, these composting companies offer pre-registration and payment that are “a comprehensive soil transformation package that includes everything you will need,” according to the Earthfuneral.com website. More composting companies can be found online.

Green burials have been offered to California residents for some time now. Unlike composting, in green burial, the body is placed in a biodegradable casket or shroud and buried in a green-certified cemetery. Instead of a tombstone, a Memorial Tree or special rock marks the place of burial and green burial is allowed in all 50 states.

Q My neighbor tells me that they are making her move to a senior facility and she does not want to go. When I ask who “they” are, she says her trustee. Can a trustee take over like this and move you against your will?A Generally, no, a trustee cannot make you move to a senior facility against your wishes. However, there may be circumstances where those appointed to care for us have the ability to make decisions on our behalf and those decisions may not make us happy. Remember, however, that one of the reasons we appoint people to help us, be it a trustee or an agent under an Advance Health Care Directive, is to make decisions for us if we cannot make responsible decisions for ourselves.

Years ago, I was trustee for “Joe and Helen Smith.” The Smiths lived in the home they had shared for decades and wished to remain there surrounded by the things and pets they loved until their deaths. When Joe and Helen needed caregiver help, we, as trustee, made arrangements for in-home care.

At one point, Helen was diagnosed with a terminal illness and her death was imminent. In speaking with Joe’s sister, the person he had appointed as agent under his Advance Health Care Directive, she advised me that, “Once Helen passes away, I am moving Joe to a senior care facility for his own safety.” I protested, stating he was safe at home with caregivers and that both Joe and Helen had told me many times that they wished to remain at home. She informed me that it was her decision since she was his health care agent.

Joe’s sister was right; her power as his health care agent trumped my power as trustee. If the sister had been correct in thinking he was not safe at home, or if Joe was not bathing, eating or taking medications as needed, the decision to move him to a facility may have been warranted. Could that be the situation with your neighbor? Maybe those who are involved know that she is not receiving optimal assistance at home and a move would be in her best interests — even though she is not presently in agreement. I have seen many seniors initially protest a move only to find that they love having meals prepared for them, housekeeping and laundry taken care of, and they flourish in a community that offers more opportunities to socialize.

In Joe’s situation, I prevailed upon his attorney to reason with the sister and Joe did, in fact, remain at home. It was the right thing for Joe, but each situation is different, and all factors need to be considered.

Liza Horvath has over 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust Management Company. This is not intended to be legal or tax advice. If you have a question call (831) 646-5262 or email liza@montereytrust.com