Law Prevents Braintree Family From Arranging Former Foster Child's Funeral
BRAINTREE (CBS) -- A Braintree foster family, which has cared for more than 100 children, has found themselves dealing with a legal loophole that is making it difficult for them to arrange a funeral for one of their foster kids.
Maryanne Zeller told WBZ NewsRadio 1030's Karen Twomey her sister, Kristin, a 41-year-old severely disabled woman who lived with the family for nearly three decades, died in July just weeks after being diagnosed with cancer.
"The whole thing was so quick, and we were all so shocked," she said.
As the family grieved, things got worse.
"(My foster parents) learned they couldn't proceed any further with doing anything for her at the funeral home because in Massachusetts, legal guardianship ends at death," Zeller said.
Maryanne's parents, who have adopted 22 children, are technically only legal guardians of Kristin and two other sisters, meaning under Massachusetts law they can't arrange her funeral.
"We had absolutely no idea that would have happened," Zeller said.
State Sen. Brian Joyce says the law needs to be adjusted.
"I'm thinking that clearly something needs to be done for these rare circumstances," he said.
Joyce says he's looking into crafting some type of legislation to allow guardianship to continue after death and probate.
WBZ NewsRadio 1030's Karen Twomey reports
