N.J. Admin. Code § 10:90-8.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:90-8.3 - Funeral and burial contracts

(a) The right and responsibility to arrange and contract for funeral and burial services rests with the next of kin of the decedent. In the absence of any next of kin, arrangements may be made by any interested party such as a friend, member of the clergy, or nursing home or hospital administrator. This subchapter shall not control or impair a contract between a funeral director or next of kin or other party except to the extent that the contract shall not result in a claim against the county or municipal agency or against any assets legally owed to the agency.

1. In the complete absence and only in the complete absence of any next of kin and when no other person is available to make the arrangements, the county or municipal agency may do so. The availability of funds is not to be a factor in determining whether or not the agency will make the arrangements. The county or municipal agency will select funeral directors for such contracting in consultation with the county association of funeral directors.

i. A contract negotiated by a county or municipal agency shall be in accord with all provisions of this subchapter, including the cost, even though the cost may not be met from public funds.

ii. A contract negotiated by a county or municipal agency may be concluded orally but shall be confirmed by letter from the county or municipal agency to the funeral director.

(b) Regardless of whether or not it is one of the contracting parties, the county or municipal agency shall not authorize any cremation. Nor shall it authorize any postmortem examination or any other procedure which is not a part of regular funeral and burial services.

N.J. Admin. Code § 10:90-8.3

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).