Right of sepulcher, the right to choose and control final dispositionof a dead human body.
194.119. 1. As used in this section, the term "right of sepulcher"means the right to choose and control the burial, cremation, or other finaldisposition of a dead human body.
2. For purposes of this chapter and chapters 193, 333, and 436, RSMo,and in all cases relating to the custody, control, and disposition ofdeceased human remains, including the common law right of sepulcher, wherenot otherwise defined, the term "next-of-kin" means the following personsin the priority listed if such person is eighteen years of age or older, ismentally competent, and is willing to assume responsibility for the costsof disposition:
(1) An attorney in fact designated in a durable power of attorneywherein the deceased specifically granted the right of sepulcher over hisor her body to such attorney in fact;
(2) The surviving spouse;
(3) Any surviving child of the deceased. If a surviving child isless than eighteen years of age and has a legal or natural guardian, suchchild shall not be disqualified on the basis of the child's age and suchchild's legal or natural guardian, if any, shall be entitled to serve inthe place of the child unless such child's legal or natural guardian wassubject to an action in dissolution from the deceased. In such event theperson or persons who may serve as next-of-kin shall serve in the orderprovided in subdivisions (4) to (8) of this subsection;
(4) (a) Any surviving parent of the deceased; or
(b) If the deceased is a minor, a surviving parent who has custody ofthe minor; or
(c) If the deceased is a minor and the deceased's parents have jointcustody, the parent whose residence is the minor child's residence forpurposes of mailing and education;
(5) Any surviving sibling of the deceased;
(6) The next nearest surviving relative of the deceased byconsanguinity or affinity;
(7) Any person or friend who assumes financial responsibility for thedisposition of the deceased's remains if no next-of-kin assumes suchresponsibility;
(8) The county coroner or medical examiner; provided however thatsuch assumption of responsibility shall not make the coroner, medicalexaminer, the county, or the state financially responsible for the cost ofdisposition.
3. The next-of-kin of the deceased shall be entitled to control thefinal disposition of the remains of any dead human being consistent withall applicable laws, including all applicable health codes.
4. A funeral director or establishment is entitled to rely on and actaccording to the lawful instructions of any person claiming to be thenext-of-kin of the deceased; provided however, in any civil cause of actionagainst a funeral director or establishment licensed pursuant to thischapter for actions taken regarding the funeral arrangements for a deceasedperson in the director's or establishment's care, the relative fault, ifany, of such funeral director or establishment may be reduced if suchactions are taken in reliance upon a person's claim to be the deceasedperson's next-of-kin.
5. Any person who desires to exercise the right of sepulcher and whohas knowledge of an individual or individuals with a superior right tocontrol disposition shall notify such individual or individuals prior tomaking final arrangements.
6. If an individual with a superior claim is personally served withwritten notice from a person with an inferior claim that such persondesires to exercise the right of sepulcher and the individual so serveddoes not object within forty-eight hours of receipt, such individual shallbe deemed to have waived such right. An individual with a superior rightmay also waive such right at any time if such waiver is in writing anddated.
7. If there is more than one person in a class who are equal inpriority and the funeral director has no knowledge of any objection byother members of such class, the funeral director or establishment shall beentitled to rely on and act according to the instructions of the first suchperson in the class to make arrangements; provided that such person assumesresponsibility for the costs of disposition and no other person in suchclass provides written notice of his or her objection.
Right of sepulcher, the right to choose and control final dispositionof a dead human body.
194.119. 1. As used in this section, the term "right of sepulcher"means the right to choose and control the burial, cremation, or other finaldisposition of a dead human body.
2. For purposes of this chapter and chapters 193, 333, and 436, RSMo,and in all cases relating to the custody, control, and disposition ofdeceased human remains, including the common law right of sepulcher, wherenot otherwise defined, the term "next-of-kin" means the following personsin the priority listed if such person is eighteen years of age or older, ismentally competent, and is willing to assume responsibility for the costsof disposition:
(1) An attorney in fact designated in a durable power of attorneywherein the deceased specifically granted the right of sepulcher over hisor her body to such attorney in fact;
(2) The surviving spouse;
(3) Any surviving child of the deceased. If a surviving child isless than eighteen years of age and has a legal or natural guardian, suchchild shall not be disqualified on the basis of the child's age and suchchild's legal or natural guardian, if any, shall be entitled to serve inthe place of the child unless such child's legal or natural guardian wassubject to an action in dissolution from the deceased. In such event theperson or persons who may serve as next-of-kin shall serve in the orderprovided in subdivisions (4) to (8) of this subsection;
(4) (a) Any surviving parent of the deceased; or
(b) If the deceased is a minor, a surviving parent who has custody ofthe minor; or
(c) If the deceased is a minor and the deceased's parents have jointcustody, the parent whose residence is the minor child's residence forpurposes of mailing and education;
(5) Any surviving sibling of the deceased;
(6) The next nearest surviving relative of the deceased byconsanguinity or affinity;
(7) Any person or friend who assumes financial responsibility for thedisposition of the deceased's remains if no next-of-kin assumes suchresponsibility;
(8) The county coroner or medical examiner; provided however thatsuch assumption of responsibility shall not make the coroner, medicalexaminer, the county, or the state financially responsible for the cost ofdisposition.
3. The next-of-kin of the deceased shall be entitled to control thefinal disposition of the remains of any dead human being consistent withall applicable laws, including all applicable health codes.
4. A funeral director or establishment is entitled to rely on and actaccording to the lawful instructions of any person claiming to be thenext-of-kin of the deceased; provided however, in any civil cause of actionagainst a funeral director or establishment licensed pursuant to thischapter for actions taken regarding the funeral arrangements for a deceasedperson in the director's or establishment's care, the relative fault, ifany, of such funeral director or establishment may be reduced if suchactions are taken in reliance upon a person's claim to be the deceasedperson's next-of-kin.
5. Any person who desires to exercise the right of sepulcher and whohas knowledge of an individual or individuals with a superior right tocontrol disposition shall notify such individual or individuals prior tomaking final arrangements.
6. If an individual with a superior claim is personally served withwritten notice from a person with an inferior claim that such persondesires to exercise the right of sepulcher and the individual so serveddoes not object within forty-eight hours of receipt, such individual shallbe deemed to have waived such right. An individual with a superior rightmay also waive such right at any time if such waiver is in writing anddated.
7. If there is more than one person in a class who are equal inpriority and the funeral director has no knowledge of any objection byother members of such class, the funeral director or establishment shall beentitled to rely on and act according to the instructions of the first suchperson in the class to make arrangements; provided that such person assumesresponsibility for the costs of disposition and no other person in suchclass provides written notice of his or her objection.
Right of sepulcher, the right to choose and control final dispositionof a dead human body.
194.119. 1. As used in this section, the term "right of sepulcher"means the right to choose and control the burial, cremation, or other finaldisposition of a dead human body.
2. For purposes of this chapter and chapters 193, 333, and 436, RSMo,and in all cases relating to the custody, control, and disposition ofdeceased human remains, including the common law right of sepulcher, wherenot otherwise defined, the term "next-of-kin" means the following personsin the priority listed if such person is eighteen years of age or older, ismentally competent, and is willing to assume responsibility for the costsof disposition:
(1) An attorney in fact designated in a durable power of attorneywherein the deceased specifically granted the right of sepulcher over hisor her body to such attorney in fact;
(2) The surviving spouse;
(3) Any surviving child of the deceased. If a surviving child isless than eighteen years of age and has a legal or natural guardian, suchchild shall not be disqualified on the basis of the child's age and suchchild's legal or natural guardian, if any, shall be entitled to serve inthe place of the child unless such child's legal or natural guardian wassubject to an action in dissolution from the deceased. In such event theperson or persons who may serve as next-of-kin shall serve in the orderprovided in subdivisions (4) to (8) of this subsection;
(4) (a) Any surviving parent of the deceased; or
(b) If the deceased is a minor, a surviving parent who has custody ofthe minor; or
(c) If the deceased is a minor and the deceased's parents have jointcustody, the parent whose residence is the minor child's residence forpurposes of mailing and education;
(5) Any surviving sibling of the deceased;
(6) The next nearest surviving relative of the deceased byconsanguinity or affinity;
(7) Any person or friend who assumes financial responsibility for thedisposition of the deceased's remains if no next-of-kin assumes suchresponsibility;
(8) The county coroner or medical examiner; provided however thatsuch assumption of responsibility shall not make the coroner, medicalexaminer, the county, or the state financially responsible for the cost ofdisposition.
3. The next-of-kin of the deceased shall be entitled to control thefinal disposition of the remains of any dead human being consistent withall applicable laws, including all applicable health codes.
4. A funeral director or establishment is entitled to rely on and actaccording to the lawful instructions of any person claiming to be thenext-of-kin of the deceased; provided however, in any civil cause of actionagainst a funeral director or establishment licensed pursuant to thischapter for actions taken regarding the funeral arrangements for a deceasedperson in the director's or establishment's care, the relative fault, ifany, of such funeral director or establishment may be reduced if suchactions are taken in reliance upon a person's claim to be the deceasedperson's next-of-kin.
5. Any person who desires to exercise the right of sepulcher and whohas knowledge of an individual or individuals with a superior right tocontrol disposition shall notify such individual or individuals prior tomaking final arrangements.
6. If an individual with a superior claim is personally served withwritten notice from a person with an inferior claim that such persondesires to exercise the right of sepulcher and the individual so serveddoes not object within forty-eight hours of receipt, such individual shallbe deemed to have waived such right. An individual with a superior rightmay also waive such right at any time if such waiver is in writing anddated.
7. If there is more than one person in a class who are equal inpriority and the funeral director has no knowledge of any objection byother members of such class, the funeral director or establishment shall beentitled to rely on and act according to the instructions of the first suchperson in the class to make arrangements; provided that such person assumesresponsibility for the costs of disposition and no other person in suchclass provides written notice of his or her objection.
