The death of a loved one is one of the most personal and often difficult experiences a person can go through. Yet in Utah the government doesn't always ease the way. In fact, a new Utah law makes things tough for those who would deal with death in their own way.
At the urging of the Utah Funeral Directors Association, the Legislature this year passed a law requiring that only commercial funeral service directors may sign death certificates. In the past, a doctor or family member could sign for a body as one "acting in the role of a funeral director."
The law supposedly irons out a legal inconsistency on who may receive a body. Tod Bonzo, president of the funeral directors association, said the law is important to protect the public health. It ensures that death certificates are properly filed and that bodies are handled according to law, Bonzo said.
In fact, the bill appeared so inconsequential to lawmakers that it went through on the Legislature's consent calendar, meaning that there was absolutely no debate. Funeral directors are a virtual given these days. Most families choose a commercial funeral home, so few would notice anything different after the law changed.
But the new statute became a major obstacle for the family of 3-month-old Lorenzo Farmer, who died of complications from surgery in Salt Lake City. When Adrian and Crystal Farmer, American Indians from Idaho, sought to claim Lorenzo's body for a traditional native burial service at the Fort Hall reservation, they found their way blocked by the law.
One funeral director told them that the baby's body would have to be kept overnight at the funeral home and possibly embalmed, both of which would violate family traditions. They were also told that the funeral home would have to transport Lorenzo to his final resting place in Idaho.
"It made it stressful -- a lot more stressful," Adrian Farmer, the baby's father, told the Daily Herald. "I think if you want to bring a family member back, then you should be able to without going through anyone."
Fortunately for the Farmers, there was help. Neighbors of theirs have assisted other families in planning independent funerals, and the Farmers were put in touch with Susan Turpin of the Alternative Society of Utah. Turpin signed the death certificate and opened the way for the body to be transported in a small box, which was held tenderly on Adrian's lap during the drive north. Lorenzo was buried in accordance with native customs.
Others may not be so lucky.
At best, this law was a solution seeking a problem; few conflicts ever arise. At worst, it was a crass attempt by the funeral home industry to make a little more money. When pressed, Bonzo could not cite a single case of someone improperly disposing of a body after signing a death certificate.
Jeff Duncan, director of Utah's Office of Vital Statistics said that a family member signs a death certificate about 10 times a year. Sometimes information is missing, or a certificate is not filed within the statutory five days of death. But such concerns seem minor.
Revising the law in a way that prevents good judgment in individual cases seems far worse.
We know of no case of a person storing their loved one's remains in the attic or burying them in the flower bed after signing a death certificate. These are just people who, for religious or other reasons, do not want to go the traditional funeral route.
Some funeral directors will sign a certificate for free or a nominal fee. Unfortunately, others will see a marketing opportunity. Grieving families are especially vulnerable. Their loved one's remains should not be held hostage as a funeral director steers the family toward an up-sell.
In the Farmers's case, the family was able to resist the sales pitch. But how many others may just go alongfi Too many, we fear.
People have a right to pay their last respects to their dead according to the dictates of conscience and pocketbook. Death has been around for a lot longer than licensed funeral directors, and one ought to be able to send off a loved one without embalming or expensive caskets.
Barring some overriding public need, which doesn't seem to exist here, it is wrong for the state to intrude. The Legislature needs to revisit the issue and either repeal the law entirely or fine-tune it to account for reasonable exceptions.
Those exceptions, like the Farmers, are not invalid just because they are few.
This story appeared in The Daily Herald on page A5.
Posted in Editorial on Friday, July 21, 2006 11:00 pm
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