Miscellaneous

Iowa County Assistance and Burial for an Indigent Veteran

A county board of supervisors may appropriate money for food, clothing, shelter, utilities, medical benefits and a funeral for an indigent veteran and their indigent spouse, surviving spouse and minor children. The county commission is responsible for interring a veteran or family member who dies without means, up to a cap the supervisors set, so there is no statewide figure.

Also called: Iowa Code 35B.14, 35B.14, indigent veteran, county burial, county assistance, pauper burial, grave marker, 35B.16, 35B.16A, 35B.19.

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

This is Iowa's veteran-specific local safety net, and it is a county option with no statewide amount. Which means the answer to "how much" is always "ask this county". What the county may pay for. Section 35B.14, subsection 1: "The board of supervisors of each county may appropriate moneys for training an executive director or administrator as provided in section 35B.6, and for the expenses for food, clothing, shelter, utilities, medical benefits, and a funeral for indigent veterans, as defined in section 35.1, as well as for their indigent spouses, surviving spouses, and minor children not over eighteen years of age, who legally reside in the county." Six categories: food, clothing, shelter, utilities, medical benefits, and a funeral. It reaches the veteran, an indigent spouse, an indigent surviving spouse, and indigent minor children up to eighteen, all of whom must legally reside in the county. The verb is "may". This is permissive. A county that appropriates nothing has no fund to draw on, and there is no state backstop for this programme. That is the single most important thing to know about it, and it is why the answer varies from county to county across the 99. Who controls the money. Subsection 2: "The appropriation shall be expended by the joint action and control of the board of supervisors and the county commission of veteran affairs." Neither can spend it alone. Section 35B.7 requires the commission to meet monthly and at the monthly meeting "determine who are entitled to county benefits and the probable amount required to be expended", and to certify an annual estimated budget to the supervisors, who "may approve or reduce the budget for valid reasons shown and entered of record and the board's decision is final." Burial is a duty, not an option, and it has no statewide cap. Subsection 3: "The commission is responsible for the interment in a suitable cemetery of the body of any veteran, as defined in section 35.1, or the spouse, surviving spouse, or child of the person, if the person has died without leaving sufficient means to defray the funeral expenses. The commission may pay the expenses in a sum not exceeding an amount established by the board of supervisors." So the responsibility is mandatory where the person died without sufficient means, and the amount is whatever that county's supervisors set. There is no figure in Iowa law to quote. Subsection 4: the county where the person resided pays, and the supervisors audit and pay the account as other claims are audited and paid. Section 331.608, subsection 6 lists auditing and paying indigent veteran burial expenses among the county's duties. Grave markers. Section 35B.16: the commission "may furnish a suitable and appropriate marker for the grave of each veteran, as defined in section 35.1, who is buried within the limits of the county", placed to permanently mark and designate the grave for memorial purposes, paid from chapter 35B funds. Permissive again, and not limited to indigent veterans: any veteran buried in the county. Taking a marker is a crime with treble damages. Section 35B.16A: a person commits a simple misdemeanor by taking possession or control of a veteran's grave marker furnished under section 35B.16 "with the intention to deprive the owner of the marker, regardless of the value of the marker", and "shall also be liable for reimbursement in an amount equal to three times the cost of the marker" payable to the commission or whoever furnished it. The words "regardless of the value" matter: ordinary theft grading turns on value, and this section removes that. Chapter 37A does the same work for commemorative property generally. Selling, trading or transferring veterans commemorative property, which includes a headstone, plaque, statue, urn, decoration, flag holder, badge or shield commemorating a veteran or a veterans organization, without the department's authorization is a simple misdemeanor under section 37A.1, subsection 3. The department may authorise it only on stated criteria, including that the property is at reasonable risk of deteriorating to the point of becoming unrecognisable, that a fitting replacement will be installed, and that any donating veterans organization consents. Burial records. Section 35B.19 charges the county executive director or administrator with securing, from the funeral director in charge, the information the department requests about every person with a military service record buried in the county, recorded alphabetically and by location in the cemetery or place of disposition of cremated remains, and maintained as a permanent record. The Iowa Department of Veterans Affairs implements this through an Armed Forces Grave Registration form which funeral directors must file for every veteran buried or cremated in the state. Section 35A.5, subsection 8 requires the department to keep an alphabetical permanent registry of the graves of everyone who served in wartime and rests in Iowa. Do not treat this as the only burial help. Federal burial allowances, the free burial flag, a government headstone or marker, and free interment at the Iowa Veterans Cemetery near Van Meter or at Keokuk National Cemetery are all separate. The county programme exists for the case where those do not cover the funeral itself. Start at the county veterans service office, whose help is free by statute, and ask specifically what this county's board of supervisors has set as the burial cap and whether the county has appropriated anything for the six assistance categories this year.

Thresholds

Thresholds for Iowa County Assistance and Burial for an Indigent Veteran
GateRule
Assistance is a county option with no statewide amountIowa Code § 35B.14(1) says the board of supervisors "may" appropriate for food, clothing, shelter, utilities, medical benefits and a funeral. A county that appropriates nothing has nothing to pay from, and there is no state backstop.
Indigency, and legal residence in the countyIowa Code § 35B.14(1) covers indigent veterans as defined in § 35.1 and their indigent spouses, surviving spouses and minor children not over eighteen "who legally reside in the county". The statute sets no income figure; the county commission determines entitlement at its monthly meeting under § 35B.7.
Burial is mandatory where there are no means, but the cap is set locallyIowa Code § 35B.14(3): the commission "is responsible for the interment in a suitable cemetery" of a veteran, spouse, surviving spouse or child who died without sufficient means, and may pay "a sum not exceeding an amount established by the board of supervisors". The county of residence pays.
A grave marker is available for any veteran buried in the countyIowa Code § 35B.16 is not limited to indigent veterans. Taking such a marker is a simple misdemeanor plus treble the cost of the marker under § 35B.16A, "regardless of the value of the marker".
Both the supervisors and the commission must agree to spend itIowa Code § 35B.14(2): the appropriation is expended "by the joint action and control of the board of supervisors and the county commission of veteran affairs".

Sources

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.