N.Y. Social Services Law § 141: Burial of the dead

§ 141. Burial of the dead. 1. (a) If a recipient of public assistance

or care or other person dies leaving no funds or insurance sufficient to

pay the expense of his burial, the relatives who survive him who were or

would have been responsible for his support, pursuant to section one

hundred one of this chapter, shall be responsible for such expense to

the extent that they are able to pay the same in whole or in part; and

the public welfare official paying such expense or any part thereof may

recover all or part of the amounts expended by him from such relatives,

who shall be severally and jointly liable therefor in accordance with

their respective abilities.

(b) Except as otherwise provided the public welfare district, town or

city which was or would have been responsible for furnishing public

assistance or care to the person while alive shall provide for the care,

removal and burial of the body of a recipient of public assistance or

care who shall die, or of a person found dead in the public welfare

district.

2. If, when such provision is made by a public welfare district, town

or city, the deceased leave no funds or insurance sufficient to pay the

expense of his burial and there are no known relatives, friends or

personal representatives liable or willing to become responsible for

such expense, the expense of such burial shall be a charge on such

public welfare district, town or city but the public welfare official

thereof may recover the same in whole or in part from the relatives of

the deceased liable therefor.

3. (a) When burial arrangements for a recipient of public assistance

or care are made by relatives or friends of the deceased and the expense

of such burial does not exceed the amount fixed by the appropriate

public welfare official or the local appropriating body for similar

burials in similar circumstances, such public welfare official may:

(1) if such relatives or friends were required to pay the expense of

such burial in order to arrange the same, wholly or partly reimburse

them, from assets transferred or assigned to such social services

official by or on behalf of the deceased recipient; but he shall not

reimburse a legally responsible relative of the deceased for any part of

the amount paid by him which in the judgment of such social services

official such relative is able to bear; nor shall such official expend

from such assets for such purpose more than is permitted by or pursuant

to this section, other provisions of this chapter and regulations of the

department.

(2) pay part of the expense of such burial, if, and to the extent and

under the circumstances, permitted by his local policy, which shall not

be inconsistent with this chapter, and the regulations of the

department; but in no case shall such social services official pay more

than the balance remaining to be paid after the total of the amounts

paid or to be paid by all other sources, including payments made or to

be made by such legally responsible relatives of the deceased as are in

the judgment of such official able to bear the same, is credited to and

deducted from such expense.

(b) In no case shall a public welfare official expend, pursuant to the

provisions of this section or any other provision of this chapter, for

the burial of a recipient of public assistance or care, from assets

transferred or assigned to him by or on behalf of such recipient, an

amount which shall be in excess of five hundred dollars.

4. For purposes of this section, the term "recipient of public

assistance and care" shall include persons receiving federal

supplemental security income benefits pursuant to title sixteen of the

federal social security act and/or additional state payments pursuant to

title six of article five of this chapter.

5. Expenditures for burial made by social services districts, cities

and towns pursuant to the provisions of this chapter shall, if approved

by the department, be subject to reimbursement by the state, in

accordance with the regulations of the department to the extent of one

hundred per centum thereof in the case of needy Native Americans and

members of their families residing on a reservation within the state and

fifty per centum in all other cases, and such reimbursement shall be

claimed and paid in accordance with the procedure prescribed by and

pursuant to section one hundred fifty-three. However, only so much of

such an expenditure as does not exceed two hundred fifty dollars for

expenditures made prior to October first, nineteen hundred eighty-six,

four hundred dollars for expenditures made on and after October first,

nineteen hundred eighty-six and prior to April first, nineteen hundred

eighty-seven and nine hundred dollars for expenditures made on and after

April first, nineteen hundred eighty-seven shall be subject to

reimbursement by the state.

6. If an applicant for or a recipient of public assistance or care or

of medical assistance under section two hundred nine or three hundred

sixty-six of this chapter establishes an irrevocable trust for the

payment of his or her funeral expenses, or those of a family member,

under section four hundred fifty-three of the general business law, any

funds remaining in such trust after the payment of all funeral expenses

must be paid over to the social services official responsible for

arranging for burials under this section in the local government

subdivision where the decedent resided.