TITLE 36 LOCAL GOVERNMENT

Section 12. Supervision and Support of Paupers, 36-12-1 through 36-12-5.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-12-5. Interment or cremation of deceased indigents.

Whenever any person dies in this state and the decedent, his or her family, and his or her immediate kindred are indigent and unable to provide for the decedent's decent interment or cremation, the governing authority of the county wherein the death occurs shall make available from county funds a sum sufficient to provide a decent interment or cremation of the deceased indigent person or to reimburse such person as may have expended the cost thereof voluntarily, the exact amount thereof to be determined by the governing authority of the county but shall not exceed the lesser of the actual costs of interment or cremation.
The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial or cremation of any inmate under the authority, jurisdiction, or control of the Department of Corrections; but in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility.

(Ga. L. 1863-64, p. 60, § 1; Code 1868, § 788; Code 1873, § 766; Code 1882, § 766; Civil Code 1895, § 441; Civil Code 1910, § 556; Code 1933, § 23-2304; Ga. L. 1967, p. 616, § 1; Ga. L. 1972, p. 971, § 1; Ga. L. 1974, p. 616, § 1; Ga. L. 1978, p. 1048, § 1; Ga. L. 1980, p. 722, § 1; Ga. L. 1982, p. 2107, § 34; Ga. L. 1983, p. 3, § 27; Ga. L. 1985, p. 265, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1991, p. 431, §§ 1, 2; Ga. L. 2013, p. 669, § 1/SB 83.)

The 2013 amendment, effective July 1, 2013, inserted "or cremation" throughout this Code section; in subsection (a), twice inserted "or her", substituted "the decedent's decent" for "his decent", and inserted "but shall not exceed the lesser of the actual costs of interment or cremation" at the end.

Cross references.

- Embalming, transportation, and care of bodies generally, T. 31, C. 21.

Notifying of commissioner of corrections and county coroner upon sudden death of inmate or death of inmate under unusual circumstances, § 42-5-7.

JUDICIAL DECISIONS

Coroner's right to reimbursement.

- When a coroner, not officially but as an individual, caused dead paupers, the victims of a storm, to be buried decently, the coroner was entitled to be reimbursed by the county by virtue of this section. Walker v. Sheftall, 73 Ga. 806 (1884) (see O.C.G.A. § 36-12-5).

OPINIONS OF THE ATTORNEY GENERAL

Nature of county's responsibility.

- County has fulfilled the county's responsibility under this section when the county makes available from county funds at least $75.00, but not more than $125.00, to provide a decent interment for a deceased pauper; whether these funds are used to provide a lined pine coffin, plus normal burial expenses, or any other means of decent interment, is at the option of the county. 1971 Op. Att'y Gen. No. U71-129 (decided prior to 1991 amendment deleting provisions relating to minimum and maximum amounts from O.C.G.A. § 36-12-5).

Cases Citing Georgia Code 36-12-5 From Courtlistener.com
Total Results: 2
East Georgia Land & Development Co. v. Newton County
Court: Supreme Court of Georgia | Date Filed: 2012-03-19
Citation: 723 S.E.2d 909, 290 Ga. 732, 2012 Fulton County D. Rep. 955, 2012 WL 933121, 2012 Ga. LEXIS 295
Snippet: our Zoning Procedures Law (ZPL). See also OCGA § 36-1-25 (“[Documents related to actions taken by a county
Mid-Georgia Environmental Management Group, L.L.L.P. v. Meriwether County
Court: Supreme Court of Georgia | Date Filed: 2004-03-22
Citation: 594 S.E.2d 344, 277 Ga. 670, 2004 Fulton County D. Rep. 1006, 2004 Ga. LEXIS 264
Snippet: requirements of incorporation by reference under OCGA § 36-1-25, and the case law that it codified, were met.15

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