Unclaimed cremated remains highlight gaps in Georgia funeral regulations

After the discovery of dozens of cremated remains inside a closed Marietta funeral home, one state lawmaker says this highlights a significant problem in Georgia that the State Legislature must address.

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State Senator Rick Williams, who has been in the funeral business for over five decades, says the situation at the Norman Medford Peden Funeral Home is troubling but not surprising.

"I have been licensed for about 52 years," Williams said, noting that he operates three funeral homes across Central Georgia. While the discovery of 35 cremated remains at the Marietta funeral home may seem shocking, Williams says it’s a common issue in the industry.

"People come to us and have us cremate their loved ones. And then a lot of times, they do not come back. They don't know what to do with [the remains], or they just don't want to face the finality of dealing with them," Williams explained. "So we have maybe 25 or 30 cremains that have not been claimed, and some of them go back 15 or 20 years."

What disturbs Williams most, however, is the state in which the remains were left in the burned-out funeral home.

"There’s a breakdown in the law," Williams said, referring to the Georgia State Board of Funeral Service’s lack of authority over unlicensed funeral homes.

"When a funeral home or a funeral service provider does not have a valid license, the State Board actually has no authority over them," Williams explained. "If they go back to renew their license, then they are usually banned or reprimanded. But when they go without renewing their license, like the funeral home there in Cobb County or the funeral home down in Douglas, Georgia, until they go to renew their license, there’s nothing that can be done."

The Georgia Secretary of State’s Office, which oversees the Georgia State Board of Funeral Service, confirmed that the Peden Funeral Home’s license lapsed in August.

"And after their license expired, the State Board doesn’t actually have the legal authority to go into that facility and make sure that it’s cleaned out and closed down," Williams said, adding that this loophole has led to the current situation.

The Secretary of State’s Office said, "our Cemeteries Division is leading on the investigation due to pre-need sales and has issued subpoenas relevant to the investigation."

Williams believes that unless new laws are passed, similar incidents will continue.

"We’ve got to enact legislation and laws that, if you’re going to sell funeral services to the public or to anyone, you’ve got to be licensed," Williams said. "No family wants to hear that their loved one was not treated with respect and dignity."

Williams plans to sponsor legislation in the upcoming session to address these issues. In the meantime, he advises families to ask to see a funeral home’s license before making arrangements.