Tuesday, March 16, 2010
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Posted by: Joe Plasterer
Occasionally
WFDA members encounter a unique situation they have not dealt with in
the past, so they contact our Madison office looking for guidance. If
the question is a legal or policy issue, Adam Raschka takes it on. From
time to time we will share a few of the questions posed by members so
others can benefit from the real life experiences of their peers.
Question: Is it my responsibility as a funeral director
to provide an interpreter if requested? What if one is not available?
Answer: The
Americans with Disabilities Act (ADA) requires a business to make
reasonable accommodations to enable disabled individuals to enjoy the
services of a particular business. This is why funeral homes must pay
for an interpreter if one is requested for a funeral service. However,
if a funeral director performs their due diligence and an interpreter
cannot be found, there is no reasonable accommodation that can be made
and the funeral home has no further obligation under the ADA.
Question: What is the cap on how much an individual can
put into a bank trust in Wisconsin for a non-Medicaid funeral?
Answer: There is no
cap. There is a cap on how much can be irrevocable ($3,000), but there
is no cap on how much can be placed into a funeral trust.
Question: Is it legal to collect cremation
authorizations signatures via an online form?
Answer: Wisconsin
has adopted the Electronic Transactions and Records Act in Sections
137.11 to 137.26 of the Wisconsin Code. As long as the authorizing
agent knows that he is giving consent by electronic signature and as
long as the funeral home has the ability to retain the authorization as a
record, then an electronic signature on a cremation authorization would
be legally recognized in Wisconsin.
If there is a question you need answered, feel
free to contact Adam in the WFDA offices at 608-256-1757 or via e-mail
adam@wfda.org.
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