Section 141. Burial of the dead

1. (a) If a recipient of public assistance
  or care or other person dies leaving no funds or insurance sufficient to
  pay the expense of his burial, the relatives who survive him who were or
  would  have  been  responsible  for his support, pursuant to section one
  hundred one of this chapter, shall be responsible for  such  expense  to
  the  extent  that they are able to pay the same in whole or in part; and
  the public welfare official paying such expense or any part thereof  may
  recover  all or part of the amounts expended by him from such relatives,
  who shall be severally and jointly liable therefor  in  accordance  with
  their respective abilities.
    (b)  Except as otherwise provided the public welfare district, town or
  city which was or would have  been  responsible  for  furnishing  public
  assistance or care to the person while alive shall provide for the care,
  removal  and  burial  of the body of a recipient of public assistance or
  care who shall die, or of a person found  dead  in  the  public  welfare
  district.
    2.  If, when such provision is made by a public welfare district, town
  or city, the deceased leave no funds or insurance sufficient to pay  the
  expense  of  his  burial  and  there  are no known relatives, friends or
  personal representatives liable or willing  to  become  responsible  for
  such  expense,  the  expense  of  such  burial shall be a charge on such
  public welfare district, town or city but the  public  welfare  official
  thereof  may  recover the same in whole or in part from the relatives of
  the deceased liable therefor.
    3. (a) When burial arrangements for a recipient of  public  assistance
  or care are made by relatives or friends of the deceased and the expense
  of  such  burial  does  not  exceed  the amount fixed by the appropriate
  public welfare official or the  local  appropriating  body  for  similar
  burials in similar circumstances, such public welfare official may:
    (1)  if  such relatives or friends were required to pay the expense of
  such burial in order to arrange the same,  wholly  or  partly  reimburse
  them,  from  assets  transferred  or  assigned  to  such social services
  official by or on behalf of the deceased recipient;  but  he  shall  not
  reimburse a legally responsible relative of the deceased for any part of
  the  amount  paid  by  him which in the judgment of such social services
  official such relative is able to bear; nor shall such  official  expend
  from  such assets for such purpose more than is permitted by or pursuant
  to this section, other provisions of this chapter and regulations of the
  department.
    (2) pay part of the expense of such burial, if, and to the extent  and
  under  the circumstances, permitted by his local policy, which shall not
  be  inconsistent  with  this  chapter,  and  the  regulations   of   the
  department;  but in no case shall such social services official pay more
  than the balance remaining to be paid after the  total  of  the  amounts
  paid  or  to be paid by all other sources, including payments made or to
  be made by such legally responsible relatives of the deceased as are  in
  the  judgment of such official able to bear the same, is credited to and
  deducted from such expense.
    (b) In no case shall a public welfare official expend, pursuant to the
  provisions of this section or any other provision of this  chapter,  for
  the  burial  of  a  recipient  of public assistance or care, from assets
  transferred or assigned to him by or on behalf  of  such  recipient,  an
  amount which shall be in excess of five hundred dollars.
    4.  For  purposes  of  this  section,  the  term  "recipient of public
  assistance  and  care"   shall   include   persons   receiving   federal
  supplemental  security  income benefits pursuant to title sixteen of the
  federal social security act and/or additional state payments pursuant to
  title six of article five of this chapter.

    5. Expenditures for burial made by social services  districts,  cities
  and  towns pursuant to the provisions of this chapter shall, if approved
  by the  department,  be  subject  to  reimbursement  by  the  state,  in
  accordance  with  the regulations of the department to the extent of one
  hundred  per  centum  thereof  in the case of needy Native Americans and
  members of their families residing on a reservation within the state and
  fifty per centum in all other cases, and  such  reimbursement  shall  be
  claimed  and  paid  in  accordance  with the procedure prescribed by and
  pursuant to section one hundred fifty-three.  However, only so  much  of
  such  an  expenditure  as  does not exceed two hundred fifty dollars for
  expenditures made prior to October first, nineteen  hundred  eighty-six,
  four  hundred  dollars for expenditures made on and after October first,
  nineteen hundred eighty-six and prior to April first,  nineteen  hundred
  eighty-seven and nine hundred dollars for expenditures made on and after
  April   first,   nineteen  hundred  eighty-seven  shall  be  subject  to
  reimbursement by the state.
    6. If an applicant for or a recipient of public assistance or care  or
  of  medical  assistance  under section two hundred nine or three hundred
  sixty-six of this chapter dies having established an  irrevocable  trust
  for  the  payment  of  his  or  her  funeral expenses under section four
  hundred fifty-three of the general business law, any funds remaining  in
  such  trust  after the payment of all funeral expenses must be paid over
  to the social services official responsible for  arranging  for  burials
  under  this  section  in  the  local  government  subdivision  where the
  decedent resided.