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 Rashka 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.
