Who has the first right to grant permission to embalm if they are over age 18?

In Missouri, the hierarchy of who can grant permission for embalming is established by law, and the Attorney in Fact under a Durable Power of Attorney has specific authority that distinguishes their role in this context. When an individual has designated an Attorney in Fact with a Durable Power of Attorney, that person is granted the authority to make decisions on behalf of the principal, which includes matters related to the handling of their remains post-death.

This designation gives the Attorney in Fact the first right to make decisions regarding the embalming process, provided they are over the age of 18. The other individuals listed, such as the surviving spouse, children, or parents, come into play in a different order per Missouri statutes addressing the rights of next of kin in the absence of a Durable Power of Attorney. While surviving spouses and children have rights, the clear and direct authority provided by the Durable Power of Attorney takes precedence, making it the primary legal mechanism for granting permission for embalming.