Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Defining the Right of Sepulcher with a POA: An Express Power that Can Not be Implied

By Bill Stalter on July 15, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

A Missouri funeral director recently called for advice.  He received a first call for an individual that died without a spouse or children.  The deceased had a surviving parent and several siblings, but a distant relative was asserting the right of sepulcher by virtue of a durable power of attorney.  The funeral director had reviewed the power of attorney form and found separate provisions giving authority to consent to an autopsy and to make an anatomical gift.  But the form did not include a provision for exercising the right of sepulcher.   After reviewing the power of attorney form, we found the funeral director to be correct.  The form had been prepared by an attorney, and that attorney did not include the necessary language for exercising the right of sepulcher. 

Under Missouri law, as it is with most states, the right of sepulcher is a special power that must be set out in the power of attorney form.  Consenting to an autopsy or making an anatomical gift of all or a part of the principal’s body are also special powers that must be expressly set out by the power of attorney form.  These special powers cannot be implied from similar types of powers.

With the POA form that was presented to the funeral director, the drafting attorney had used language from the statute to address an autopsy and/or anatomical gifts, but stopped short of including the right of sepulcher language.  As a result, the distant relative did not have authority to direct the funeral.  Instead, the funeral director was required to seek instructions from the parent.  If the parent declined or deferred to the siblings, then those siblings had the right of sepulcher.   

  • Posted in:
    Trusts, Estates and Elder
  • Blog:
    Death Care Compliance Law
  • Organization:
    Stalter Legal Services
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo