Cemetery consumer rights

The Cemetery Act regulates the platting and operation of all Indiana cemeteries, mausoleums or columbaria in the state. Exempt from regulation are a cemeteries owned by a church, religious organization or fraternal beneficiary society.

All Indiana cemeteries must maintain perpetual-care funds.

They must make certain there are initial and mandatory periodic deposits in the fund to assure the perpetual care of the cemetery property. The cemetery cannot touch perpetual care funds in any way once deposited. The funds are set aside in case the cemetery goes bankrupt and the county takes over its care.

All Indiana cemeteries must be platted, and such plats recorded, before burial spaces can be sold. A sale of cemetery property to a consumer is the sale of a burial right only, meaning you don’t own the land where you will be buried or for which you hold the deed.

The sale or transfer of burial rights, or the right to succession in ownership on the death of a registered owner, are all subject to specific state requirements, most of which must include the consent of the cemetery.

An Indiana cemetery has the exclusive right to make and enforce its own rules and regulations concerning the use, care, control and management of the cemetery and all cemetery property. The cemetery may also control care of plants, shrubs and trees, and may regulate conduct within the cemetery and its property.

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A cemetery is solely responsible for the care and maintenance of cemetery property. It has the exclusive right to open and close a grave space, burial space, crypt or niche; set or install a marker, monument or any type of memorial; and install any kind of foundation or base for a marker as may be necessary.

Can you create your own cemetery? Yes; however, you are legally required to set aside at least 10 acres of land, deposit at least $100,000 into a perpetual care fund, and file it with the county.

If you have any questions, call St. Joseph Funeral Home and Cemetery at (574) 288-4685.