By Sammy Oakey
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19 Jun, 2021
For 155 years, our firm has served the Roanoke Valley with dignity, honor, and professionalism. During that time, we have very rarely said “no” when asked by a family to assist them in making arrangements for a loved one. But there are rare occasions where we must reply in the negative after learning of certain circumstances. Most of these would involve the family selecting cremation as a method of final disposition for their loved one, but not being able to locate the next of kin for signing purposes. As everyone knows, we live in a very litigious society. Like every other profession, funeral homes must always be careful and not expose themselves to potential liability. And when you’re dealing with an irreversible process such as cremation, there is no room for error or exceptions to rules. Whenever we meet with a family and learn that they wish to choose cremation for their departed kin, we run down a list of who can authorize the cremation to take place. If the decedent had filled out paperwork making someone their “Appointment of Agent,” that act supersedes any blood survivors. Whomever they made their appointment of agent has the power or responsibility to bury or cremate the person who died. If this paperwork was not completed, then we automatically look toward the spouse of the decedent to handle arrangements and sign off on any paperwork. If there is no spouse, then the next level would be children of whomever died. If there are no children of legal age, then the next levels would be parents, and then siblings. The problem we have seen occur happens when there is a spouse that refuses to sign for cremation. Or, if there is no spouse and several children, we must have EVERY child sign for cremation. We do, of course, allow for signatures by fax or online (as long as they are properly witnessed). But if there are five children and only four agree to sign for cremation, then we will simply not cremate a body. We do not do this to be cruel or overly businesslike, we do it to protect the other family members and ourselves. While we are actually exceeding what is required by Virginia law, we are ensuring that no one has grounds for a lawsuit or the opportunity to denigrate our firm. Recall my prior example of five children surviving but only four signing for cremation. It is entirely possible the lone child who did not sign for cremation would attempt to sue Oakey’s or their siblings, stating they did not get a chance to say ‘goodbye’ to their parent, or that they do not agree with cremation and are having nightmares about this process. While they would not have a strong case, this son or daughter could go to the media and plead their case that Oakey’s did not provide them with some final moments with their mom or dad. Trust me, this stuff happens. Even worse, there are some families that are not truthful with us about who the next of kin is or how many children there are. We have even been lied to about whether someone was actually married to the decedent! It is my general rule that if a family gets along with each other and have bonded through love over the years, a death can often bring them closer together. Conversely, if there have been fractures and fissures between family members over time, then a death can often be the breaking point, resulting in animosity, accusations, and allegations. I have even seen fistfights break out during the arrangement conference! One I distinctly remember involved children of the deceased who began fighting over who got the grandfather clock, literally, just hours after their mom died. We never like to say “no” (I think that was a double negative, but you catch my drift), but if saying “yes” opens our organization up to bad publicity or legal threats, then we must be honest and explain our position to the family. Often, obtaining the necessary signatures is just a matter of time. If there is no appointment of agent and no spouse and there is a problem obtaining all of the children’s signatures — there can be times when a son or daughter is on a cruise, in the hospital, incarcerated, or unobtainable — we can place the decedent in a cooled area designed to retard decomposition. This act buys us time to obtain everyone’s authorization. Sometimes, these situations force us to also double as detectives as we try to find the next of kin. But, as I often say, you cannot “uncremate” a body. That’s why it is important we perform due diligence before ultimately signing off on a cremation. As much as we want to say “yes” to any request we receive from a grieving family, there are rare occasions that we must regretfully say “no”.