Death Care Compliance Law

Death Care Compliance Law

Preneed: A Pandora's Box of Problems

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles

Category Archives: Supulcher/Preference Laws

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The Right of Sepulcher: One Hurdle to the Final Resting Place

Posted in Cremation, Preplanning, Right of Sepulcher, Supulcher/Preference Laws, Transition Documents
A Kansas City Star article reported on the role of the Missing in Action Project in getting Major Rombauer to his final resting place.  Much of the work of the MIA Project goes unreported, but this story was found noteworthy because Major Rombauer’s cremains had been sitting on a shelf at the crematory for 102… Continue Reading

The Right of Sepulcher and Nebraska: Giving the Preneed Contract a Higher Dignity

Posted in Associations, Funeral Home Business Practices, Supulcher/Preference Laws
Representatives from Nebraska’s death care industry will be meeting this fall to discuss the Department of Insurance’s preneed legislative proposal, and the right of sepulcher will be among the issues for discussion. Nebraska is among the states that have statutory provisions defining the priority of individuals who may claim the right of sepulcher (which is… Continue Reading

Missouri’s Personal Preference Law: End of Life Planning

Posted in Supulcher/Preference Laws
An important revision to Missouri’s personal preference law goes into effect on August 28th.  The original law (R.S.Mo. Section 194.119) was confusing to funeral directors about whether an individual could override the preferences of his/her next-of-kin.  With the revision, funeral directors can more comfortably rely upon the individual’s durable power of attorney when following the instructions of someone other than the… Continue Reading

Getting it Right: Missouri’s Right of Sepulcher

Posted in Supulcher/Preference Laws
While Missouri has had a right of sepulcher law for five years, there has been disagreement whether the law allowed an individual to override the preferences of his/her next-of-kin. The ambiguities of the original law left funeral directors in a quandary about following the instructions of designated agents. This led to confusion for many Missourians who thought… Continue Reading

Iowa Personal Preference Legislation – Whose Funeral is it?

Posted in Churches/Ritual, Legislation, Preneed, Preplanning, Supulcher/Preference Laws
The Iowa had not one, but two personal preference bills pending before its Legislature for the 2007/08 term: SF 473 and HF 2088.   The Senate version, SF 473, was backed by Iowa’s attorneys, and the House version, HF 2088, was backed by the Iowa Funeral Directors Association.  What caught my attention about these bills was the… Continue Reading

Right of Sepulcher – Personal Preference and Wisconsin

Posted in Reform, Right of Sepulcher, Supulcher/Preference Laws
A Wisconsin bill that would establish a right of sepulcher looks bound for passage (AB 305).   There are several things to like about this bill.  It would establish an individual’s right to control the disposition of his or her body, and to designate an agent authorized to carry out that directive.  The bill also provides the hierarchy of kin who may… Continue Reading