A seemingly small yet growing issue is unfolding within Massachusetts—one that affects a marginalized group of residents who often go unnoticed by the general population. If left unchecked, this "invisible" hardship may begin to seep into broader society, creating unforeseen consequences.
The Unanswered Question: What Happens When Someone Dies Alone?
Most people understand that when someone dies in a hospital, their body is moved to the hospital morgue. But what happens next? That’s where the process becomes complicated.
Over the past decade, societal and economic shifts have reshaped the post-mortem process. The traditional expectation is that a deceased person’s body is picked up by a funeral home, prepared for burial or cremation, and laid to rest in a timely manner. However, this is not always the case.
What happens when someone has no surviving relatives to make funeral arrangements? Or when estranged family members refuse to claim the body? What if there are relatives, but they lack the financial means to cover funeral expenses? Under current Massachusetts laws, the options in such situations are limited, often leading to prolonged delays and bureaucratic challenges.
The Harsh Reality of Unclaimed Bodies
Consider these real-world scenarios that illustrate the issue:
A man dies in a hospital. The only contact listed in his records is a friend, who struggles with addiction and refuses to take responsibility. As a result, the deceased remains in the morgue for months, sometimes even years, awaiting action.
A sister is notified of her brother’s passing. Instead of making arrangements, she angrily tells the hospital never to contact her again. The cost of a funeral is too high, and bitterness outweighs any sense of obligation.
In both cases, the deceased remain unclaimed for an indefinite period. Hospitals, which have limited morgue space, eventually must intervene. However, their options are restricted due to state laws.
The Legal and Financial Barriers to Resolving the Issue
Massachusetts law requires that all human remains be handled by a licensed funeral home. This means hospitals must find a willing funeral home to take custody of an unclaimed body. The preferred method of disposition is burial rather than cremation due to concerns about legal liability—if a family member were to surface years later and object, a burial allows for exhumation, whereas cremation is irreversible.
In 2017, the state updated its statutes after funeral directors raised concerns about unclaimed bodies. According to Massachusetts General Law (ALM GL ch. 114, § 43M), cremation is allowed only if:
"...the board of health has received notice from a licensed funeral director that either no person has come forward to claim the remains or that no person may legally claim the remains; provided, however, that the board of health shall wait 30 days after such notification under this clause prior to signing the cremation form."
However, many local boards of health hesitate to approve cremation due to liability concerns. Even if the statute is followed, it still requires a funeral home to take custody of the body—a step that presents its own challenges.
Why Funeral Homes Are Reluctant to Accept Unclaimed Bodies
Funeral homes are often unwilling to take responsibility for unclaimed bodies due to several factors:
Financial Burdens – Funeral expenses, including burial, typically range from $3,000 to $17,000. Many funeral homes face significant financial risks in handling unclaimed bodies, as government reimbursement programs, such as the Department of Transitional Assistance, often fail to cover the full cost.
Legal and Logistical Uncertainty – There is no standardized procedure for handling unclaimed bodies across different cities and towns, leading to inconsistent practices among hospitals, medical examiners, and funeral homes. This lack of clarity makes funeral homes wary of potential legal complications.
Limited Storage Space – Many funeral homes lack the capacity to store unclaimed bodies for extended periods, especially if there is an increase in cases.
Cremation Restrictions – Although cremation is more affordable than burial, Massachusetts law requires consent from all next of kin, which can be impossible to obtain in unclaimed cases. Without universal consent, funeral homes risk legal repercussions.
These obstacles leave hospitals in a difficult position, as they must bear the financial and logistical burden of finding a funeral home willing to accept an unclaimed body.
The Financial Strain on Hospitals and Funeral Homes
When a hospital must arrange a burial, the cost is typically divided into two parts:
Funeral home charges – Covering body preparation and basic services.
Third-party charges – Mainly cemetery fees, which can be exorbitant.
If a funeral director agrees to take on such a case, they must cover these expenses upfront, hoping to be reimbursed later. However, Massachusetts offers minimal financial support.
Under MGL 117A, §9, the state provides reimbursement to funeral homes under strict conditions:
“...the commonwealth shall pay an amount not exceeding $1,100 to the funeral establishment if the total expense of the funeral and final disposition does not exceed $3,500.”
This cap on total funeral expenses is extremely limiting. Cemetery costs alone can exceed $3,500, leaving funeral homes with little financial incentive to accept unclaimed cases.
The Need for Legislative Change
As societal norms evolve, state policies must adapt to reflect modern realities. Current laws fail to address the increasing number of unclaimed bodies, leaving hospitals and funeral homes overwhelmed by a problem with no clear solution.
Possible policy changes that could alleviate this issue include:
Increased State Funding – Raising the reimbursement limit would encourage more funeral homes to accept unclaimed bodies.
Streamlined Legal Processes – Establishing a uniform system for handling unclaimed remains would reduce confusion and delays.
Liability Protections – Clarifying legal protections for funeral homes handling unclaimed remains would help mitigate concerns about future lawsuits.
Cremation Policy Revisions – Allowing cremation without universal next-of-kin consent in cases where no claimants are expected could significantly reduce costs and logistical challenges.
Closing Remarks
The issue of unclaimed bodies is not just about logistics and finances—it is a matter of dignity. When a person dies, they deserve a proper and timely disposition, regardless of their financial status or family situation. The current system is failing both the deceased and the professionals responsible for handling their remains.
Without policy reforms, this problem will only worsen, placing greater strain on hospitals, funeral homes, and state resources. Addressing this growing crisis requires legislative action, financial support, and a more compassionate approach to end-of-life care.
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