Missouri Revised Statute section 194.119 defines the "right of sepulcher" as "the right to choose and control the burial, cremation, or other final disposition of a dead human body." (76) The provision further provides that "[t]he next-of-kin of the deceased shall be entitled to control the final disposition of the remains of any dead human being." (77) The court explained that the statute sets forth a hierarchical scheme for determining a decedent's next-of-kin: at the top of the list is "[a]n attorney in fact designated in a durable power of attorney
wherein the deceased specifically granted the right of sepulcher over his or her body to such attorney in fact." (78) Surviving children are lower in the hierarchy.
executing a durable power of attorney
. Instead, a principal should
The use of a broadly drawn durable power of attorney
may negate the necessity of petitioning the local court for appointment of a guardian or conservator to handle the principal's assets.
Durable Power of Attorney
for Healthcare?" He continued, "I remind my patients that I have a Durable Power of Attorney
A durable power of attorney
designates a representative, such as your spouse or adult child, to perform certain actions for you should you become ill, incapacitated, or otherwise unable to manage your affairs.
2) "The holder of a family durable power of attorney
is appointed by the donor of the power, and essentially performs the same functions as would a court appointed guardian." (19)
There are different kinds, such as the living will and the durable power of attorney
for health care.
The following sections address: (1) constitutional rights of people with disabilities; (2) outreach and identification strategies; (3) exploring the limits of community living (personal stories); (4) first meeting and initial planning; (5) identification of barriers and advocacy strategies; (6) housing; (7) states' use of home health, the Personal Care Services benefit, and waivers; (8) general guidelines for nursing facility transition; (9) a timeline for activities for transition; (10) developing a safety plan; and (11) cognitive impairment, guardianship, durable power of attorney
, and Adult Protective Services.
The NCLR Essential Documents packet provides basic information about these documents--including wills and trusts, documents protecting choices of medical care, autopsy and disposition of remains, hospital visitation authorization, durable power of attorney
for finances, authorization for consent to medical treatment of a minor, and nomination of guardian for a minor--as well as sample forms.
A durable power of attorney
remains effective until the principal revokes it or dies.
In addition to allowing for continuity of management and safeguarding the principal's assets in the event of incapacity, a durable power of attorney
can be particularly useful for estate and other tax planning purposes.
[solid index] Have a durable power of attorney
for property and for health care.