I didn’t do an FAQ on Friday, so I’ll catch up. *****This one is REALLY important though. Read it when you have time to understand; not understanding this one can lead to heartbreaking problems. If you were to pass away at this moment in the state of Missouri, who controls what happens to your body? Think about it for a sec. Let’s see if you’re right.
Answer: It’s your legal next of kin. Are you married? It’s that person. Even if you’ve been separated for many years. Not married and have kids? It’s them, and if they disagree, majority rules. The priority for next-of-kin is specifically set out by Missouri Statute.
You can imagine that people often don’t realize this. They assume a body can be released to a person who “just knew what the deceased wanted done” regardless of the law. Obviously, that is not the case.
Fortunately, we live in Missouri. People who do not want their legal next-of-kin to control what happens to their body upon death have a fantastic option. In Missouri, you can sign a “Durable Power of Attorney with Right of Sepulcher.” This means, the right to control final disposition of your body. And you can assign that right to anybody you wish.
Therefore, when you pass away, that person is legally in charge. Your body can be released according to their instructions. As always, you should consult with your attorney; there are many types of DPOAs and the Right of Sepulcher isn’t always included when people think it is.
I hope this information is helpful. If, on the other hand, you get along perfectly well with your legal next-of-kin, you don’t have to worry and can just be thankful! (Of course, there is still good reason to execute a DPOA anyway; in case that person doesn’t survive you or is somehow unavailable).
Have a good evening,
Greg Mullinax
Bates County Coroner
