Who Decides About Your Body
Mo. Rev. Stat. § 194.119 — an attorney in fact granted the right of sepulcher first, then the spouse, the children and the family
The right. The right of sepulcher is the right to choose and control the burial, cremation or other final disposition of a dead human body.
- An attorney in fact named in a durable power of attorney in which the deceased specifically granted the right of sepulcher.
- For a decedent on active duty in the military, the person named on Department of Defense Form 93.
- The surviving spouse, unless a dissolution action had been filed and was pending.
- Any surviving child.
- For an adult, a surviving parent; for a minor, a guardian granted the right, or the parent with custody.
- Any surviving sibling.
- The next nearest surviving relative by blood or marriage.
- A person or friend who assumes financial responsibility for the disposition, when no next of kin does.
- The county coroner or medical examiner.
That is the order of priority. Each person in it qualifies only if eighteen years of age or older, mentally competent, and willing to assume responsibility for the costs of disposition.
Forty-eight hours. A person with a lower claim who wants to exercise the right, and who knows of someone with a higher right, notifies that person before making final arrangements. A person with the higher right who is notified in person, or by written notice with delivery confirmation to the last known address, and does not object within forty-eight hours is deemed to have waived the right.
A tie. When several people in the same class are equal in priority and do not agree, the decision of the majority of that class controls, and the funeral director allows voting by written proxy.
Beliefs. The religious, cultural, family and individual beliefs of the deceased are considered by the next of kin.
A durable power of attorney that grants the right of sepulcher is made under a different chapter, which is not on this page. A dispute over a particular funeral is a question for the probate court, or a licensed Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 194.119 — Right of sepulcher, the right to choose and control final disposition of a dead human body
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.