Counties Seek Protection as Indigent Cremations Grow

By Joe Mahoney, Contributing Author

New York's funeral directors are working closely with county government leaders to garner support for legislation that would provide new liability protections for public officials overseeing the burials and cremations of indigent individuals.

If an indigent person dies with no known relatives and no resources, or no family members showing interest in handling the estate, the disposition of the corpse is decided by a county official designated as a public administrator for such matters.

The legislative push comes at a time when the number of cremations is rising year after year in New York, with burial no longer the most popular option regardless of the economic status of the departed individuals.

Randy McCullough, director of government affairs for the New York Funeral Directors Association, said the push for enhanced civil protections for public administrators is tied to the new popularity of the cremation option.

Cremations, unlike burials, are an irreversible process, McCullough noted. And so if a relative emerges belatedly and challenges the decision to cremate after the fact, even after public officials conducted a thorough search for relatives, it could set the stage for litigation.

"The public administrators are worried about subjecting the counties and themselves to civil liability," McCullough said.

Among societal trends fueling indigent burials is the fact that family bonds have weakened with many people now living apart from the communities where they were raised, he pointed out.

Cremations are far less expensive than burials. In New York, county governments, in effect, have become the undertaker of last resort for indigent individuals for whom there are no planned funeral arrangements.

The Cremation Association of North America now forecasts that the U.S. national cremation growth rate is expected to exceed 75 percent as early as 2038. For three states -- Nevada, Maine, and Oregon - cremation is already the option for more than 80 percent of deceased individuals.

The New York legislation is sponsored by Assembly Member Amy Paulin of Westchester County and Senator Gustavo Rivera of the Bronx. Each chairs the health committee in their respective chambers.

Ryan Gregoire, legislative director for the New York State Association of Counties, said the association enthusiastically supports the measure.

In a nutshell, Gregoire explained, the legislation "protects us from civil liability."

The measure would also protect the public administrators if the method of disposition is natural organic reduction, a type of burial in which deceased individuals are interred without the use of embalming fluids.

Currently, there are no authorized sites for organic reduction in New York, however.

David Fleming, legislative director for the New York State Association of Cemeteries, said enhancing civil protections for the public administrators making the calls on indigent cremations is "a laudable goal."

But Fleming added the proposed time frame for making those decisions may need to be stretched in order to accommodate next of kin who could not be located in the initial weeks after a death.

The Paulin/Rivera bill would authorize public administrators to authorize a cremation, or a natural organic reduction, 30 days after death if no person having priority above the local official has become involved in the matter.

Citing challenges sparked by the opioid epidemic and mental health concerns, Fleming explained: "We have seen many instances when folks were unaware someone may have passed away, and so it takes some time to discover that."

The Funeral Directors Association, in a bill memo supporting the legislation, states the measure would provide county officials with a "necessary degree of comfort and confidence" when they authorize cremation or organic reduction.

"Fundamentally, this would ensure that a person's final disposition is carried through without impediment and in a seamless and dignified manner," the bill memo states.