I am curious how other counties make the pauper determination for purposes of §694.002 of the Health and Safety Code. I have always taken the position that has money or property that would be sufficient to pay the costs of a cremation, then the person is not a pauper.

I would be grateful if anyone would share how their county handles this issue.

Thanks.

Here's ours.....

Nolan County Policy
On Indigent Burial


Eligibility
a) Household gross income shall be at or below 100% of the Federal Poverty Income Guidelines for the past 30 day period;
b) Decedent must have died in Nolan County or be a legal resident of Nolan County;
c) Next of Kin shall first contact the Funeral Home and make financial arrangements using their own and family resources to arrange a lower cost / most economical funeral arrangement. If this cannot be accomplished, the Funeral Home shall refer the individual to the Office of Court Collections in the Nolan County Courthouse.
d) Unless in an exception listed below, county funds shall not be used to supplement private funds in order to provide more services than would be available with county funds alone.
Services
a) Texas law provides that any body not claimed for burial or requiring burial at county expense shall be offered to the Anatomical Board of the State of Texas (§ 691.023 TX HEALTH & SAFETY CODE)
b) Should the Anatomical Board not accept the body, it shall be cremated by order of the County Judge in accordance with this policy.
a. County funds will not provide an urn;
b. Unclaimed cremains shall be held at the funeral home for a period of 12 months prior to disposal;
c. Upon affidavit of a licensed spiritual advisor indicating that cremation is an anathema to the religious beliefs of the group of which the Decedent was an inducted believer, burial shall be possible under the guidelines set forth infra.
c) “County burial” shall consist of the minimum services required by law.
a. Viewing shall be for identification purposes only, and only the Next of Kin will be allowed to view the body. Should the Next of Kin be a minor, or should there be more than one adult, one person of the family’s choosing may view the body.
b. Transportation of the Decedent’s body under this section shall be provided; no transportation of family or kin will be made available.
c. Graveside services are not provided.
d. A temporary marker shall be provided.
d) In the event that an inquest was performed, any unidentified individual shall be buried.
Additional Services
a) County reimbursement to Funeral Homes is set forth in Exhibit A, and may be changed without requiring revision or review of this policy.
b) Should county assistance be required for the disposition of a Decedent, and the family wish to obtain a burial in lieu of donation or cremation, a minimum of the monetary difference between the current county payment for the services shall be collected prior to agreeing to the alternative service.
c) Any changes in the services outlined above shall be determined between the family and Funeral Home, provided, however, that if payment for additional services shall be more than half the value of the county reimbursement, the Decedent shall no longer be eligible for county burial.

This message has been edited. Last edited by: Lisa Peterson,