Betty Jean Collins had her own preferences for the disposition of her body, but her children had other plans. As counsel to many funeral homes, I have seen this situation too many times. The time that should be used for remembrance and healing, is instead marked by conflict and expense. A right of sepulcher designation provides a way to avoid such conflicts, but Betty’s attorney made a mistake with the procedures allowed by Missouri law. In an appeals court opinion issued last year, the Missouri court discusses Betty’s attempt to designate her right of sepulcher through a ‘springing’ durable power of attorney for health care. The ‘springing’ durable power of attorney would go into effect when one physician determined that Betty was incapacitated. Betty executed the durable power of attorney on June 12, 2012. Four days later, Betty died instantly in an automobile accident. A dispute subsequently arose between Betty’s children and the friend designated with the right of sepulcher. A year later, the court determined Betty’s durable power of attorney never ‘sprung’ into life because there had never been a determination of incapacity. As a consequence, Betty’s preferences were not followed, the emotional healing process was delayed a year, and all involved incurred significant expense.