The 2013 Tri-State Funeral Convention | An Update

I spent part of this week in Overland Park, Kansas for the 2013 Tri-State Funeral Convention. This was a convention cosponsored by Kansas, Missouri and Nebraska Funeral Director's Associations.

I spoke twice at this convention:

One talk was on Cremation Liability and the second was What's New That Can Get You Sued.

Both topics of interest to anyone in the profession!

One of the things we talked about during the What's New That Can Get You Sued talk is if and when do you have the right to refuse to serve a family? This was all tied to the Boston Bombings. The short answer here is that you can refuse to serve a family as long as you are not discriminating and you have a legitimate business reason.

Overall, great conference!

2012 Coat Drive Results

Our fourth annual coat drive was a huge success and we're proud to say that more than 500 brand new coats were donated to kids and adults this season. ====

500 Brand New Winter Coats,  200+ Pairs of New Gloves, 100+ New Hats Donated to Cincinnati-area Adults and Children

30 January 2013—CINCINNATI—Imagine you are a fourth grader stuck outside at recess in a coat that is too small and not very warm. Unfortunately, that’s a reality for many Cincinnati-area children, and adults as well.

“This is our fourth year doing this, and our biggest success yet,” said Poul Lemasters, Owner of Lemasters Consulting and Attorney. “Coats get worn and kids grow every year, so the need continues to be present. Everyone should have a new, warm coat to carry them through the winter months, and this is why we do this coat drive.”

Lemaster’s Consulting, a Cincinnati-based business, partners with Old Navy’s Blue Ash, OH location to purchase the new coats and winter wear at a discount and with St. Vincent De Paul, Cincinnati Chapter who distributes the coats and winter wear.

This year, 500 new coats, 200+ pairs of gloves and 100+ new hats were distributed. The retail value of these items is more than $22,000.

“We are grateful to Poul, his family, Old Navy and Poul’s clients for their support, but not as grateful as the many struggling families who are touched by their generosity. Somewhere this morning, a little girl stood proudly at a cold bus stop showing off her new coat while her mother took comfort in knowing her daughter would be safe and warm this winter,” said Elysa Hamlin, Donor Communications Coordinator, Society of St. Vincent de Paul. “The generous spirit of Poul and everyone who contributed to purchasing over 500 new coats has given comfort and hope to many local families and we can’t thank them enough.”

The coats were distributed by St. Vincent de Paul on December 10, 2012.

“While the coats and winterwear are distributed here in Cincinnati, we get support from my clients all over the country,” said Lemasters. “Two well-known Cincinnati establishments have supported us every single year of the coat drive: Gwen Mooney Funeral Home and Spring Grove Cemetery & Arboretum. I am always so grateful to these businesses; both local and not-so, who contribute to keep residents of our city warmer.”

Supporting companies in this year’s coat drive include:

—Rebecca Ehlert, Wauwatosa, WI —Michael and Victoria Uselton, Palmetto, WI —Gwen Mooney Funeral Home, Cincinnati, OH —Lake View Cemetery, Cleveland, OH —Legacy Funeral Group, Houston, TX —Legacytouch / Cremation Safeguard, Lee's Summit, MO —Live Oak Banking Co., Wilmington, NC —NGL Insurance Group, Madison, WI —Paxus Services, Inc, Boerne, TX —Spring Grove Cemetery, Cincinnati, OH

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Download a PDF of the press release here.

Deathcare Profession Link Round-Up 11

Each month we will post links to pertinent articles in the deathcare profession. From lawsuits to quirky sites, we’ll bring you a one-stop shop from deathcare-related items on the web. Here are this month’s links. German obesity rates trigger crematoria safety concerns, The Telegraph Cremations have gone awry and uncontrolled fires started by temperatures generated by the combustion of the high fat content of the obese dead. News magazine Der Spiegel reported an incident at a crematorium in Hamelin earlier this year when the cremation of a 440-pound corpse led to flames shooting out of its 35-foot chimney and metal elements melting. The fire brigade estimated that temperatures in the chimney hit 1,100F (600C), and it eventually took four hours to reduce the corpse to ashes.

New UAE crematorium caters for expat funeral needs, BBC News Under Islam, the official religion, burial is the only option when somebody dies. This is the UAE's newest crematorium - and the only one in the Gulf to have a non-Muslim graveyard alongside it.

Discovery of Indian artifacts complicates Genesis solar project, Kansas City Star Howling winds uncovered a human tooth and a handful of burned bone fragments the size of quarters on a sand dune in the shadow of new solar power transmission towers. Indians say the discovery is evidence of a Native American cremation site not detected in Southern California Edison's archaeological survey before the towers were built.

Cremated remains create S. Jersey mystery, Philly.com Authorities are trying to figure out how a “well-tended” grave came to be placed under a tree in Gloucester Township, Camden County and whose body it contained. Investigators have been puzzled at how to solve the mystery of what appear to be cremated human remains in the grave. The grave site overlooks a potter’s field and is situated on county property, but not in a legal burial location. Here's the follow-up article, also from Philly.com.

Deathcare Profession Link Round-Up 10

Each month we will post links to pertinent articles in the deathcare profession. From lawsuits to quirky sites, we’ll bring you a one-stop shop from deathcare-related items on the web. Here are this month’s links. Wish our son was here to light the pyre, said Bhagwan's wife, Hindustan Times "Carrying out the last rites is the duty of the eldest son as per Hindu traditions. But our relatives just could not make it," said Rajesh Kumar, nephew of Bhagwan Dass, who belonged to district Gorakhpur, Uttar Pradesh.

Improbable research: the problem of exploding pacemakers, The Guardian People muse that they will, come the day, "go out with a bang". A little more often than you might expect, someone or other does exactly that, which is why there came into existence a study called Pacemaker Explosions in Crematoria: Problems and Possible Solutions.

Woman's husband's ashes lost in the mail, WABC

Cremation Q&A

The deathcare profession is full of talented people, hundreds of businesses and, lots of questions. This post lists some of the most common cremation questions Lemasters Consulting has gotten. Maybe it will answer a question you have! If there's something you'd still like to know, just leave a comment or you can contact us using our contact form.

What is a cremation attorney?

Cremation has been, and continues to be, the highest area of liability for the deathcare profession. There are a multitude of potential areas of liability which go as far as a wrongful cremation. A cremation attorney is an attorney that focuses on the entire cremation process and not only helps resolve the issues, they help prevent them from ever happening in the first place.

What is cremation law?

Cremation law encompasses the entire cremation process. There are laws and rules for a crematory that establish how you set-up a crematory, how you operate a crematory, what licensing is required, and who can operate a crematory. There are also laws and rules that deal with the cremation process including what family member controls the right to authorize the cremation, what the cremation form must include, how to handle a dispute among family members, when a cremation can take place, how the cremation must be handled, and how the cremated remains or ashes are handled as well.

What is the difference between a cremation lawyer and a cremation attorney?

There is no difference, they are one and the same.

What is a funeral home attorney?

Much like a cremation attorney, a funeral home attorney focuses on the funeral profession.  There are a multitude of potential issues when operating a funeral business. Funeral homes are highly regulated and not only fall under local state laws and regulations, funeral homes are also regulated by the federal government by the FTC under the Funeral Rule. A funeral home business must deal with laws that control their license, their daily operation, plus banking and insurance laws for pre-paid or preneed funerals, and comply with federal laws on how they conduct business and interact with consumers. A funeral home attorney must know how to resolve issues with local state boards and regulators, federal regulators, and other attorneys.  More importantly, a funeral home attorney must know all the laws and regulations so that a funeral home can comply and avoid potential issues from occurring.

What is a pet death care (cemetery) attorney? What is pet cremation?

A pet funeral attorney deals with the entire pet death care profession. The pet death care profession is made up of pet deathcare providers, pet cemeteries, and pet crematories. While there are few laws that deal with the pet death care area—it is growing so rapidly that laws and regulations are going to be here before we know it. Being involved in pet death care law it allows a pet death care attorney to not only help their clients comply with new laws—they can help create the new laws as well. There is also a movement in the liability against pet death care providers. There are numerous stories and issues that are painting a bad light. These stories include mass cremations of pets and the unfortunate dumping of pets into landfills. As a pet death care attorney it is important to understand these claims to respond appropriately and again—to avoid them from happening in the first place.