Who can grant permission for cremation under the Rights of Sepulcher?

The correct choice is that an Attorney in Fact under a Durable Power of Attorney can grant permission for cremation under the Rights of Sepulcher. In Missouri, the rights concerning the disposition of remains are legally defined, and the individual designated as the Attorney in Fact holds the authority to make decisions regarding the funeral arrangements, including cremation, on behalf of the deceased.

This designation is significant because it allows for an individual who may be unable to personally handle these decisions—due to incapacity or other reasons—to efficiently direct how their remains should be treated after death. The Durable Power of Attorney is a legal document that confers this authority, ensuring that the wishes of the deceased as expressed when granting the power of attorney are honored, including their preferences regarding cremation.

The other options do not hold the same legal weight. While a surviving spouse has some rights regarding disposition, the clear authority established by a Durable Power of Attorney takes precedence under the Rights of Sepulcher. A best friend and anyone related by marriage lack the formal legal standing necessary to make such decisions unless they are specifically designated as the Attorney in Fact. Thus, having an Attorney in Fact ensures that someone trusted and legally recognized is able to act in accordance with the wishes of the deceased.