We recently came across a Missouri Law Review article that examined a Missouri Court of Appeals case that ruled a durable power of attorney for health care decisions was ineffective for the granting a right of sepulcher. The form included a “springing” clause which was never triggered by two physicians’ determination of incompetency. The article
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Designating the Right of Sepulcher: my mother’s confusing instructions
By Bill Stalter on
My mom died recently, and her failure to put in writing her final arrangements resulted in a family conflict.
My mother did not like discussing death, and avoided the topic of her own death at all costs. A few years ago, my mother asked that I prepare a durable power of attorney, and include powers…
The Right of Sepulcher: One Hurdle to the Final Resting Place
By Bill Stalter on
A Kansas City Star article reported on the role of the Missing in Action Project in getting Major Rombauer to his final resting place. Much of the work of the MIA Project goes unreported, but this story was found noteworthy because Major Rombauer’s cremains had been sitting on a shelf at the crematory for 102…
Right of Sepulcher: An Attorney’s Error
By Bill Stalter on
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…
Right of Sepulcher – Personal Preference and Wisconsin
By Bill Stalter on
A Wisconsin bill that would establish a right of sepulcher looks bound for passage (AB 305). There are several things to like about this bill. It would establish an individual’s right to control the disposition of his or her body, and to designate an agent authorized to carry out that directive. The bill…