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Fort Myers resident faces civil suit claiming cremation was not approved |
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Written by DeadGirl
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Tuesday, 08 June 2004 |
By KRISTEN ZAMBO
June 8, 2004
A Lee County woman is suing a national cremation provider and her father's girlfriend after she says her dad was cremated last spring against his wishes and without her permission.
Phaidra Velarde, 31, of Sanibel Island filed the civil suit last week in circuit court in Fort Myers against National Cremation Society and Fort Myers resident Marsha L. Paplham. Paplham was her father's live-in girlfriend when he died on March 10, 2003, of cancer, Velarde's lawyer, Robert Adamski, said.
Her father, James W. Pfahler, 54, didn't want to be cremated, according to the suit, and was afraid of fire because he was severely burned when he was younger.
"I'm the only living heir of my father and no one contacted me," Velarde said. "His girlfriend had him cremated."
She declined further comment because of the pending lawsuit.
The interference with bodily remains suit seeks an unspecified amount in civil damages. Adamski said staff at the Fort Myers crematorium knew Velarde was his daughter, and knew how to reach her, but did not contact her.
Mary Stevens, location manager for National Cremation of Fort Myers, where Pfahler's body was cremated last spring, said she could not comment on the suit. Messages were left at home and at work for Paplham, 54, but she was unavailable for comment. A co-worker at her Sanibel Island business, Maggie Elliott Inc., said she was out of town.
Florida law states that a cremation may not be performed until a legally authorized person provides written authorization. This law defines a legally authorized person as the decedent via written directions, the surviving spouse, a son or daughter 18 or older, a grandchild who is at least 18 years old, a parent, a brother or sister who is at least 18 years old, a grandparent or anyone of the next degree of kinship. If no family is unavailable or doesn't exist, a guardian, personal representative, attorney, health surrogate, public health officer, medical examiner or county commissioner may authorize cremation, the law states.
Paplham could have called Velarde before authorizing his cremation, the suit says.
"She's (Velarde) the closest family member," Adamski said. "She would be the one with authority."
According to the suit, Velarde did not know her father was cremated until after the procedure was performed. Adamski said he didn't know how long the crematory held Pfahler's body before cremation, but thought it may have been one week.
Bodies in Florida may not be cremated for at least 48 hours after death, and cremation must be performed within 48 hours of receiving written authorization, according to state statutes.
Pfahler's will is being contested, Adamski said.
"Communication between the parties is impossible," he said.
http://www.naplesnews.com/npdn/bonitanews/article/0,2071,NPDN_14894_2946168,00.html |
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