A-89864, NOVEMBER 5, 1937, 17 COMP. GEN. 383

A-89864, NOVEMBER 5, 1937, 17 COMP. GEN. 383

BURIAL EXPENSES - ST. ELIZABETHS HOSPITAL INMATES - AVAILABILITY OF PENSION MONEYS REMAINING TO PENSIONER'S CREDIT AT DATE OF DEATH THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, HAVING PROVIDED THAT WHERE A DECEASED PENSIONER INMATE OF ST. ELIZABETHS HOSPITAL IS NOT SURVIVED BY A WIFE OR MINOR CHILDREN THE UNEXPENDED BALANCE OF PENSION MONEY TO HIS CREDIT IS FOR APPLICATION TO THE GENERAL USES OF THE HOSPITAL, THE GOVERNMENT'S INTEREST REQUIRES SUCH RESTRICTIONS AS WILL PREVENT THE UNREASONABLE AND UNNECESSARY EXPENDITURE THEREOF TO THE DETRIMENT OF THE HOSPITAL, AND WHERE THERE IS NO SURVIVING KIN ENTITLED TO SUCH MONEYS, IT IS NOT COMPETENT FOR SOME OTHER RELATIVE, OR A STRANGER IN BLOOD, TO OBLIGATE THE FULL AMOUNT OF THE PENSION MONEY FOR BURIAL EXPENSES WITHOUT REGARD TO PROPERLY IMPOSED ADMINISTRATIVE LIMITATIONS, AND AN UNDERTAKER'S CLAIM FOR AN AMOUNT IN EXCESS OF THE AMOUNT AUTHORIZED BY VETERANS' ADMINISTRATION REGULATIONS FOR THE BURIAL OF A VETERAN INMATE, WHICH CLAIMED AMOUNT IS THE EXACT EQUIVALENT OF THE PENSION MONEY REMAINING TO THE VETERAN'S CREDIT AT DATE OF DEATH, IS NOT PROPERLY PAYABLE FROM THE PENSION MONEY, PARTICULARLY WHERE THE UNDERTAKER HAD FULL KNOWLEDGE OF THE ADMINISTRATIVE REGULATIONS INVOLVED, AND THAT THE RELATIVE WHO ALLEGEDLY ORDERED THE SERVICES AND SUPPLIES WAS LIKEWISE AWARE OF THE LIMITATIONS ON PENSION MONEYS OF INMATES FOR BURIAL EXPENSES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, NOVEMBER 5, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 23, 1937, WITH INCLOSURES, INCLUDING A LETTER FROM THE ASSISTANT TO THE SUPERINTENDENT, ST. ELIZABETHS HOSPITAL, DATED SEPTEMBER 29, 1937, AS FOLLOWS:

I HAVE THE HONOR TO SUBMIT HEREWITH TWO COPIES OF A BILL RENDERED THE HOSPITAL BY THE W. W. CHAMBERS CO. FOR THE BURIAL OF A FORMER PATIENT, SAMUEL J. ADAMS, CASE NO. 11406, WHO DIED ON AUGUST 21, 1937.

THERE IS SOME DOUBT ABOUT THE PROPRIETY OF PAYING THESE BILLS FOR THE FOLLOWING REASONS: (1) IT IS ALWAYS CUSTOMARY FOR THE HOSPITAL TO ISSUE AN OBLIGATION IN CASES SUCH AS THIS, AUTHORIZING THE EXPENDITURE OF NOT TO EXCEED A CERTAIN SPECIFIED AMOUNT FOR THE FUNERAL, BUT OUR RECORDS SHOW THAT NO OBLIGATION WAS ISSUED IN THIS CASE. (2) THE W. W. CHAMBERS CO., AS WELL AS OTHER UNDERTAKERS WHO HANDLE THIS TYPE OF BUSINESS FOR THE HOSPITAL, HAVE HAD PREVIOUS DEALINGS OF THIS NATURE AND ARE ALWAYS ADVISED THAT THE ISSUANCE OF AN OBLIGATION IS ESSENTIAL BEFORE THE PATIENT'S ACCOUNT CAN BE CHARGED WITH BURIAL EXPENSES. (3) THE BALANCE OF PENSIONER'S BENEFIT IN THE PATIENT'S ACCOUNT AT THE PRESENT TIME, AMOUNTING TO $467.10, CANNOT BE DISBURSED, AFTER THE PATIENT'S DEATH, TO ANY ONE OTHER THAN A DEPENDENT WIFE OR MINOR CHILD; IF THERE ARE NO RELATIVES OF THIS NATURE TO CLAIM THE FUNDS, THEY REVERT TO THE HOSPITAL. (SEE COPIES OF PENSION REGULATIONS ATTACHED.) OF THESE LATTER FACTS THE RELATIVES WHO AUTHORIZED THE FUNERAL WERE WELL AWARE, FROM CONVERSATIONS WITH THE HOSPITAL. IT IS, HOWEVER, AVAILABLE FOR FUNERAL EXPENSES.

THIS CASE, FOR PURPOSES OF PAYMENT OF THE FUNERAL BILL, COMES UNDER THE JURISDICTION OF THE VETERANS' ADMINISTRATION, AND THE BILL SHOWS THAT $100.00 WAS ALLOWED BY THE VETERANS' ADMINISTRATION, WHICH AMOUNT ORDINARILY IS CONSIDERED SUFFICIENT FOR BURIAL IN ARLINGTON CEMETERY. THE AMOUNT OF CHAMBERS' BILL IS IN ADDITION TO THIS AMOUNT.

IT MIGHT BE MENTIONED, IN THIS CONNECTION, THAT IT IS CUSTOMARY FOR THE HOSPITAL TO PERMIT THE EXPENDITURE OF FROM $200.00 TO $300.00 FOR THE FUNERAL OF A PATIENT. YOU ARE RESPECTFULLY REQUESTED TO SUBMIT THIS INFORMATION TO THE COMPTROLLER GENERAL WITH A REQUEST FOR A DECISION AS TO OUR AUTHORITY TO PAY THE CLAIM AS PRESENTED.

THE BILL OF THE W. W. CHAMBERS CO. IS ITEMIZED TO SHOW A BALANCE OF $467.10 TO BE STILL DUE AND UNPAID AS FOLLOWS:

ORDERED BY MRS. KATHERINE L. GARN, 852 WEST BELLE PLAIN AVE., CHICAGO, ILLINOIS.

FOR SERVICES RENDERED TO THE DECEASED, SAMUEL J. ADAMS, WHO DIED AUGUST 21, 1937, AT ST. ELIZABETHS HOSPITAL. INTERMENT IN ARLINGTON NAT-L CEMETERY, AUGUST 25, 1937.

FOR A COMPLETE FUNERAL INCLUDING:

CHART

SQUARE, QUARTERED OAK, HAND POLISHED, HALF COUCH, HINGED CAP

CASKET, FULL SATIN LINED AND PILLOW TO MATCH, MATTRESS,

SOLID BRONZE EXTENSION HANDLES --------------------------- $425.00

SOLID BRONZE ENGRAVED NAMEPLATE ---------------------------- 10.00

EMBALMING REMAINS, SHAVING, AND DRESSING ------------------- 25.00

SOLID OAK OUTSIDE BURIAL CASE ------------------------------ 70.00

REMOVAL OF REMAINS FROM ST. ELIZ. HOSPITAL TO 1400 CHAPIN

ST. ------------------------------------------------------ 5.00

AUTO HEARSE TO ARLINGTON NAT-L CEMETERY -------------------- 10.00

3 LIMOUSINES TO ARLINGTON NAT-L CEMETERY ------------------- 24.00

DEATH NOTICES IN LOCAL PAPERS ------------------------------ 5.00

2 TRANSCRIPTS OF DEATH ------------------------------------- 1.00

COMPLETE ----------------------------------------------- 575.00

PAID TO US 9-21-37:

CREDIT TO BE ALLOWED FROM U.S.V.B. ------------------------- 100.00

BALANCE ------------------------------------------------ 475.00

9-21-37. CREDIT CASH PAID BY MRS. KATHERINE L. GARN ------- 7.00

467.10

THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, PROVIDES IN PART AS FOLLOWS:

* * * DURING THE TIME THAT ANY PENSIONER SHALL BE AN INMATE OF THE GOVERNMENT HOSPITAL FOR THE INSANE, ALL MONEY DUE OR BECOMING DUE UPON HIS OR HER PENSION SHALL BE PAID BY THE PENSION AGENT TO THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL, UPON A CERTIFICATE BY SUCH SUPERINTENDENT THAT THE PENSIONER IS AN INMATE OF THE HOSPITAL AND IS LIVING, AND SUCH PENSION MONEY SHALL BE BY SAID SUPERINTENDENT OR DISBURSING AGENT DISBURSED AND USED, UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE INTERIOR, FOR THE BENEFIT OF THE PENSIONER, AND, IN CASE OF A MALE PENSIONER, HIS WIFE, MINOR CHILDREN, AND DEPENDENT PARENTS, OR, IF A FEMALE PENSIONER, HER MINOR CHILDREN, IF ANY, IN THE ORDER NAMED, AND TO PAY HIS OR HER BOARD AND MAINTENANCE IN THE HOSPITAL, THE REMAINDER OF SUCH PENSION MONEY, IF ANY, TO BE PLACED TO THE CREDIT OF THE PENSIONER AND TO BE PAID TO THE PENSIONER OR THE GUARDIAN OF THE PENSIONER IN THE EVENT OF HIS OR HER DISCHARGE FROM THE HOSPITAL; OR, IN THE EVENT OF THE DEATH OF SAID PENSIONER WHILE AN INMATE OF SAID HOSPITAL, SHALL, IF A FEMALE PENSIONER, BE PAID HER MINOR CHILDREN, AND, IN THE CASE OF A MALE PENSIONER, BE PAID TO HIS WIFE, IF LIVING; IF NO WIFE SURVIVES HIM, THEN TO HIS MINOR CHILDREN; AND IN CASE THERE IS NO WIFE NOR MINOR CHILDREN, THEN THE SAID UNEXPENDED BALANCE TO HIS OR HER CREDIT SHALL BE APPLIED TO THE GENERAL USES OF SAID HOSPITAL: * * *

PARAGRAPH 12 OF THE REGULATIONS FOR THE DISBURSEMENT OF PENSION MONEY PAID TO THE SUPERINTENDENT OF THE ST. ELIZABETHS HOSPITAL, DATED MAY 27, 1937, PROVIDES:

ANY UNEXPENDED BALANCE OF PENSION MONEY RESERVED FOR THE PENSIONER'S BENEFIT SHALL BE PAID, IN THE EVENT OF THE PENSIONER'S DISCHARGE FROM THE HOSPITAL, TO THE PENSIONER, OR TO HIS OR HER LAWFUL GUARDIAN, OR IN THE EVENT THAT THE PENSIONER IS RETURNED TO A BRANCH OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS (NOW A PART OF THE VETERANS' ADMINISTRATION), TO THE TREASURER OR FISCAL OFFICER OF SUCH BRANCH FOR SUCH PENSIONER, OR IN THE EVENT OF THE PENSIONER'S DISCHARGE FROM THE HOSPITAL AND HIS IMMEDIATE TRANSFER TO THE UNITED STATES SOLDIERS' HOME, TO THE TREASURER OF SAID HOME. IN THE EVENT OF THE PENSIONER'S DEATH WHILE AN INMATE OF THE HOSPITAL, THE SAME SHALL BE PAID, IN THE CASE OF A MALE PENSIONER, TO HIS WIDOW, OR IF THERE BE NO WIDOW, TO HIS MINOR CHILDREN, AND IN THE CASE OF A FEMALE PENSIONER, TO HER MINOR CHILDREN. IF THERE BE NO WIDOW OR MINOR CHILDREN ENTITLED TO PAYMENT OF SUCH BALANCE OF PENSION MONEY, IT SHALL BE APPLIED TO THE GENERAL USES OF THE HOSPITAL.

ALTHOUGH NEITHER THE LAW NOR THE REGULATION OF MAY 27, 1937, EXPRESSLY PROVIDES THAT PENSION MONEY OF A DECEASED INMATE SHALL BE USED FOR THE PAYMENT OF HIS BURIAL, THE PRACTICE OF SO USING A REASONABLE, LIMITED AMOUNT OF THE UNEXPENDED PORTION OF SUCH PENSION MONEY STANDING TO THE CREDIT OF THE DECEASED PENSIONER AT DATE OF DEATH, IS ONE OF LONG STANDING WHICH HAS RECEIVED THE APPROVAL OF THE ACCOUNTING OFFICE AS BEING AUTHORIZED UNDER THE ACT OF FEBRUARY 2, 1909, AND THE REGULATIONS OF THE SECRETARY OF THE INTERIOR. 16 COMP. DEC. 780, DATED JUNE 2, 1910.

UNDER THE PROVISIONS OF THE 1909 ACT, WHERE THE DECEASED PENSIONER INMATE IS NOT SURVIVED BY A WIFE OR MINOR CHILDREN, THE UNEXPENDED BALANCE OF PENSION MONEY TO HIS CREDIT IS FOR APPLICATION TO THE GENERAL USES OF THE HOSPITAL, AND THERE IS THUS EXPRESSLY CREATED IN THE GOVERNMENT SUFFICIENT INTEREST IN SUCH MONEYS AS TO NOT ONLY WARRANT AND JUSTIFY BUT TO REQUIRE SUCH RESTRICTIONS AS WILL PREVENT THE UNREASONABLE AND UNNECESSARY EXPENDITURE OF SUCH FUNDS TO THE DETRIMENT OF THE HOSPITAL. WHEN PENSION MONEYS ARE PROPERLY PAYABLE TO AN HEIR ENTITLED TO TAKE UNDER THE ACT OF FEBRUARY 2, 1909, SUCH HEIR, OF COURSE, MAY, IF HE OR SHE SO DESIRES OBLIGATE THE FULL AMOUNT OF SUCH PENSION MONEY FOR THE BURIAL OF THE DECEASED INMATE REGARDLESS OF THE AMOUNT, BUT WHERE, AS IN THE PRESENT CASE, THERE IS NO SURVIVING KIN ENTITLED TO THE PROCEEDS OF THE INMATE'S PENSION MONEY, THE MONEY REVERTING UNDER THE LAW TO THE GENERAL USES OF THE HOSPITAL, IT IS NOT COMPETENT FOR SOME OTHER RELATIVE OR A STRANGER IN BLOOD OF THE INMATE TO OBLIGATE THE FULL AMOUNT OF THE PENSION MONEY FOR BURIAL PURPOSES WITHOUT REGARD TO THE LIMITATIONS IMPOSED ON SUCH EXPENDITURES BY THE PROPER ADMINISTRATIVE OFFICIALS.

IT IS REPORTED IN THE PRESENT CASE THAT THE UNDERTAKER HAD FULL KNOWLEDGE OF THE LIMITATIONS UPON THE OBLIGATION OF PENSION MONEY OF DECEASED INMATES OF ST. ELIZABETHS HOSPITAL AND THAT THE RELATIVE WHO ALLEGEDLY ORDERED THE SERVICES AND SUPPLIES WAS LIKEWISE AWARE OF THE LIMITATIONS AS TO THE AVAILABILITY OF PENSION MONEY OF INMATES FOR BURIAL PURPOSES. THEY WERE ALSO CHARGEABLE WITH KNOWLEDGE OF THE $100 LIMITATION WHICH THE GOVERNMENT WOULD EXPEND IN THE BURIAL OF VETERAN INMATES, OF WHOM THIS PENSIONER SEEMS TO HAVE BEEN ONE, AND THAT LIMITATION OBVIOUSLY IS FOR CONSIDERATION BY THE HOSPITAL IN APPROVING OBLIGATIONS OF PENSION MONEYS WHICH OTHERWISE ARE FOR APPLYING UNDER THE ACT OF FEBRUARY 2, 1909, TO THE GENERAL USES OF THE HOSPITAL. IT IS TO BE NOTED IN THIS CONNECTION THAT THE UNDERTAKER WHO FURNISHED THE SERVICES AND SUPPLIES HAS CONTRACTS WITH BOTH THE VETERANS' ADMINISTRATION AND THE WAR DEPARTMENT FOR PERFORMING BURIAL SERVICES DURING THE PERIOD HERE INVOLVED FROM ST. ELIZABETHS HOSPITAL AT A COST WITHIN THE $100 LIMITATION.

UNDER THE CIRCUMSTANCES IT APPEARS OBVIOUS THAT THE UNDERTAKER RENDERED THE SERVICES IN CONNECTION WITH THE BURIAL OF THIS INMATE ON THE ORDER OF A SISTER WITHOUT AN UNDERSTANDING OR AGREEMENT OF ANY KIND WITH THE HOSPITAL AND WITHOUT REFERENCE TO OR EXPECTATION OF PAYMENT BY THE GOVERNMENT FROM PENSION MONEY STANDING TO THE CREDIT OF THE PENSIONER AT DATE OF DEATH. THERE APPEARING NO OBLIGATION UPON THE GOVERNMENT TO PAY FOR THE SERVICES RENDERED OR SUPPLIES FURNISHED IN CONNECTION WITH THE BURIAL EXPENSES INCURRED IN THIS CASE (EXCEPT TO THE EXTENT OF THE $100 AUTHORIZED BY PRESENT VETERANS' ADMINISTRATION REGULATIONS, WHICH APPEARS AS A CREDIT IN THE FUNERAL BILL), IT NECESSARILY FOLLOWS THAT THE CLAIM OF THE UNDERTAKER IS NOT PROPERLY PAYABLE FROM THE PENSION MONEY. THE BILL OF THE UNDERTAKER AND CERTIFICATE OF DEATH ARE RETURNED.