§ 12-20-16-12 — Funeral and burial or cremation expenses

Indiana § 12-20-16-12

• Jurisdiction: Indiana
• Art. 20: TOWNSHIP ASSISTANCE
• Ch. 16: Provision of Various Forms of Township Assistance

Text

(a) This section does not apply if the county
coroner assumes jurisdiction of an unclaimed body under IC 36-2-14-16.
(b) If:
(1) an individual dies in a township without leaving:
(A) money;
(B) real or personal property;
(C) other assets that may be liquidated; or
(D) other means necessary to defray funeral expenses; and
(2) the individual is not a resident of another township in Indiana;
the township trustee, as administrator of township assistance, shall
provide a person to superintend and authorize either the funeral and
burial or cremation of the deceased individual. If the township trustee
determines that the deceased individual is a resident of another
township in Indiana, the township trustee shall notify the trustee of that
township, who shall then provide a person to superintend and authorize
either the funeral and burial or cremation of the deceased individual.
(c) The necessary and reasonable expenses of the funeral and burial
or cremation, including a burial plot, shall be paid in the same manner
as other claims for township assistance. A trustee shall determine the
cost for the items and services required by law for the funeral and
burial of an individual, including a burial plot, and for the cremation of
an individual, and include in the township's township assistance
standards the maximum funeral and burial or cremation amount to be
paid from township assistance funds. The trustee may deduct from the
maximum amount the following:
(1) Any monetary benefits that the deceased individual is entitled
to receive from a state or federal program.
(2) Any money that another person provides on behalf of the
deceased individual.
(d) If an individual described in subsection (b) is a resident of a
state institution at the time of the individual's death, the division that
has administrative control of the state institution shall reimburse the
township trustee for the necessary and reasonable expenses of the
funeral and burial or cremation of the deceased individual. The
township trustee shall submit to the division that has administrative
control of the state institution an itemized claim for reimbursement of
the necessary and reasonable funeral and burial or cremation expenses
incurred by the township trustee.
(e) If an individual described in subsection (b) is a resident of a
special institution governed by IC 16-33 at the time of the individual's
death, the Indiana department of health shall reimburse the township
trustee for the necessary and reasonable expenses of the funeral and
burial or cremation of the deceased individual. The township trustee
shall submit to the Indiana department of health an itemized claim for
reimbursement of the necessary and reasonable funeral and burial or
cremation expenses incurred by the township trustee.
(f) A township trustee who provides funeral and burial or cremation
benefits to a deceased individual is entitled to a first priority claim, to
the extent of the cost of the funeral and burial or cremation benefits
paid by the township trustee, against any money or other personal
property held by the coroner under IC 36-2-14-11.
(g) The township trustee may not cremate a deceased individual if:
(1) the deceased individual; or
(2) a surviving family member of the deceased individual;
has objected in writing to cremation.
(h) If a township trustee provides a funeral under this section, the
cost of the funeral may not be more than the cost of the least expensive
funeral, including any necessary merchandise and embalming,
available from the funeral director under the funeral director's price list
disclosed to the Federal Trade Commission.
[Pre-1992 Revision Citation: 12-2-1-20.]

Legislative History

As added by P.L.2-1992, SEC.14. Amended by P.L.162-1995, SEC.1; P.L.51-1996, SEC.61; P.L.73-2005, SEC.78; P.L.56-2023, SEC.125.