Missouri Funeral Directors Law Practice Exam 2025 – Comprehensive Study Guide

Question: 1 / 400

In what order should next-of-kin be consulted for permission to cremate if they are over age 18?

Surviving spouse, surviving child, surviving parent

Attorney in Fact, surviving spouse, surviving sibling

Surviving child, surviving parent, surviving spouse

Attorney in Fact, surviving spouse, any surviving relative

The correct answer takes into account the legal hierarchy established in Missouri law regarding who should be consulted for permission to cremate a deceased individual. In Missouri, the first person who should be consulted is generally an Attorney in Fact if one has been designated. This person has the legal authority to make decisions on behalf of the deceased individual concerning their final disposition.

Following the Attorney in Fact, the next in line traditionally includes the surviving spouse, as they often have primary rights related to decisions about the deceased’s remains. If there is no surviving spouse, it would then typically progress to other relatives in descending order of kinship, which can include surviving children, parents, siblings, and so forth.

This sequence is important as it establishes both respect for the deceased's personal wishes and adherence to legal norms surrounding decision-making authority. In this context, mentioning "any surviving relative" acknowledges that, should legal representatives be absent or unwilling, family members can still play a crucial role in decision-making, ensuring that the wishes of the deceased and family members are respected.

The other options do not fully comply with the legal hierarchy or may omit the role of an Attorney in Fact who holds a significant position within the decision-making process. Thus, the correct interpretation emphasizes the importance of the Attorney

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