A few years ago, my county adopted rules on the disposition of the remains of deceased paupers, including a rule that dispositions would be by cremation. We also operate a county cemetery. Before deciding on cremations, we buried paupers at the county cemetery.

Generally, we have no problems with cremations. But every now and then, either a relative of the deceased cannot be found or the relatives that are found refuse to sign the cremation authorization. In those situations, the funeral homes refuse to cremate.

I have advised our cemetery director and the funeral homes that when the person is a pauper, the county has the sole authority to determine the manner of disposition and that we have the authority to sign the cremation authorization.

Unfortunately, one or more of the funeral homes won't accept my legal analysis. They must think they are County Commissioners.

Any suggestions on how to handle this situation? My advice has been that if the funeral home has the body, and they won't accept our signature on the cremation authorization form, it is their problem. Invariably though, our cemetery director caves in and agrees to accept the burial for remains, and then complains to me about it.

Any thoughts or suggestions on how to handle this situation.

I'm not sure whether it's a helpful suggestion, but I can relate our experience. We follow the same regimen as you, though we do not have a county cemetery. Generally, when relatives want to specify the means of disposition other than cremation, we tell them to come get the body and dispose of it as they see fit and that we will have no further involvement, including financial. That last part generally convinces everyone, including the funeral homes, that county policy is the preferable alternative. But everyone on the county side has to be reading from the same playbook for it to work.

If memory serves me, when we've encountered resistance from funeral homes, we've essentially told them that county policy, based on pauper burial law, is that we pay what it costs for a cremation. If they want to conduct a burial for that cost, that's their business decision to make. After some grumbling, cremation has always been the end result.

We recently redid our policy on inigent burial. I was amazed to discover that we are supposed to first offer the remains to the Anatomical Board (HSCsec 691.023)

Rather than require cremation, we set adopted a scale - so much for cremation, oversized burial, adult burial, child burial - because we can't always legally cremate.

There is a $200 difference between what we will pay on cremation and adult funerals; the homes were warned that they needed to "encourage" funerals, especially when we are paying.

Since they don't HAVE to dispose of our indigents, I try to stay at least somewhat on their good side!

Lisa L. Peterson
Nolan County Attorney

And - - if family members are unable to be found, or are unwilling to sign, the County Judge can sign ordering the body cremated....

Lisa L. Peterson
Nolan County Attorney

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