HB 1737 -- Designation of Next-of-Kin

Sponsor:  Lampe

This bill changes the laws regarding the designation of a
next-of-kin for the disposition of a deceased person.  The order
of priority will begin with any person designated by the decedent
in either a prepaid funeral plan or a notarized written document.
A decedent may designate more than one individual; however, the
authority will be in the order listed.  When multiple documents
have been executed, the one with the latest date will be used.

When lawful instructions have been specified by a decedent, prior
to exercising his or her right of sepulcher, an individual must
deliver to the funeral director or establishment a written
document acknowledging agreement to follow the decedent's wishes.
An obligation to comply with the decedent's wishes may be altered
when the costs associated exceed the assets available.

If a decedent did not designate a funeral plan or a written
document, the normal order of succession as next-of-kin will be
used.  The next-of-kin must provide a written document specifying
his or her relationship to the decedent and each individual who
has a superior or equal right to control the final disposition
and that he or she has notified or made a reasonable attempt to
do so.  The funeral director or establishment will not be held
liable unless they had actual knowledge that the person's claim
was false or had information that a reasonable person could
conclude that the claim was false.

The bill requires the person designated as a next-of-kin to be
mentally competent and at least 18 years old at the time of death
of the decedent.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am