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
Right of Sepulcher
Confusion over Who Controls the Funeral: Stale Advice
By Bill Stalter on
We recently found this post on funeral matters explaining the authorities of executors, guardians and power of attorney agents to control funeral arrangements. The post is limiting its advice to New Jersey laws, but a casual reader could lose sight of that limitation. With regard to executors, the post suggests that an executor will be…
Avoiding Downgrades: Coupling the Preneed Contract with a Power of Attorney
By Bill Stalter on
The traditional funeral and burial remains the preference of many individuals. Understanding that this type of arrangement will be more expensive, many of those individuals purchase a preneed contract to spare their survivors a financial burden. But what happens when a child does not respect their parent’s preference for a traditional funeral and burial? Upon…
Mining the Internet for a Power of Attorney form: Is a Free Form Better than Nothing?
By Bill Stalter on
Free power of attorney forms may not provide what the client needs. …
Continue Reading Mining the Internet for a Power of Attorney form: Is a Free Form Better than Nothing?
Estate Planning and Funeral Arrangements: A Will will be too Late
By Bill Stalter on
Funeral and burial preplanning should be a part of every estate plan, but some web pages promoting estate planning can be misleading or impractical. The estate planning page sponsored by Lawyers.com suggests that funeral arrangement preferences can be incorporated into a will or health care power of attorney to alleviate the financial and emotional burdens…
Right of Sepulcher: Last Rites Denied
By Bill Stalter on
Posted in Right of Sepulcher, Transition Documents
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…
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…