Family says mortician embalmed loved-one without permission - ABC 33/40 - Birmingham News, Weather, Sports

Family says mortician embalmed loved-one without permission

Posted: Updated:

After more than three years in a Fairfield nursing home, 82-year-old Josiephine Crowley, died Tuesday.

Her daughter, Patricia Davis, says her last wish was for services to be at Scott McPherson Funeral Home.

"She signed the papers and instructed the nursing home that once her mother passed to release her remains to Scott McPherson Funeral Home," Jonathan McPherson said.

But Davis says McPherson wanted more money than she had for the services, so she turned to Faith Memorial Chapel and asked the body to be moved.

But McPherson said no.

"You're basically saying give me my money or you don't get the body," Davis said. "That's hostage."

McPherson wanted $1,295 for picking up and embalming the body. Davis says she paid $300, but couldn't afford the rest.

"The only thing we ask is to be compensated for the service we have rendered," McPherson said.

But Davis says McPherson didn't have permission to embalm Crowley's body and according to the Federal Trade Commission and the Funeral Service Board in Alabama, embalming without permission is illegal.

According to FTC rules and regulations, "You must specifically ask the family for permission to embalm and must receive their permission before you embalm the body."

McPherson says he thought permission was implied after Crowley's family signed permission for her body to be taken by Scott McPherson Funeral Home after her death. Davis says embalming was not part of the agreement.

McPherson turned over Crowley's body to Faith Memorial Chapel, Wednesday, but family say it's too little too late because McPherson violated the law.

"He nearly cursed her out over $900," Davis' fiance, Cornelius Jackson, said. "Now when he gets on camera, his persona changed. He's nice and [willing to] release the body because now he knows he's in trouble with the law."

  • Latest StoriesMore>>

  • Tony Stewart back at the track, looking to heal

    Tony Stewart back at the track, looking to heal

    Saturday, August 30 2014 12:20 AM EDT2014-08-30 04:20:07 GMT
    Tony Stewart should be back in his comfort zone at a NASCAR track, ready for racing.More >>
    Tony Stewart took his seat on the podium - unshaven, his eyes glassy - and unfolded a sheet of paper. His voice quivered as he read, pausing to maintain his composure as he described the death of a driver he hit as "one of...More >>
  • Fire danger rises for Labor Day weekend

    Fire danger rises for Labor Day weekend

    Friday, August 29 2014 11:59 PM EDT2014-08-30 03:59:40 GMT
    Our recent dry weather has created the perfect conditions for fire danger. More >>
    Our recent dry weather has created the perfect conditions for fire danger. More >>
  • City Council to get update on education in Birmingham

    City Council to get update on education in Birmingham

    Friday, August 29 2014 8:55 PM EDT2014-08-30 00:55:45 GMT
    The Birmingham City Council is hosting a lunch meeting with the Birmingham Board of Education to discuss the current state and direction of the Birmingham City Schools. The meeting will be held Tuesday, September 2, 2014 from 12:45 p.m. to 2 p.m. at Regions Bank in the Executive Dining Room."We want to make sure that as a council we are engaged in all aspects of development for our city," Council President Jonathan Austin said. "It is very important that are continually updated on areas such ...More >>
    The Birmingham City Council is hosting a lunch meeting with the Birmingham Board of Education to discuss the current state and direction of the Birmingham City Schools. The meeting will be held Tuesday, September 2, 2014 from 12:45 p.m. to 2 p.m. at Regions Bank in the Executive Dining Room."We want to make sure that as a council we are engaged in all aspects of development for our city," Council President Jonathan Austin said. "It is very important that are continually updated on areas such ...More >>
  • Talladega parents allege school employee wrote racist Facebook posts

    Talladega parents allege school employee wrote racist Facebook posts

    Friday, August 29 2014 7:32 PM EDT2014-08-29 23:32:28 GMT
    Several parents and community members in Talladega are upset Friday over allegations of racial comments made from a school employee's Facebook page.More >>
    Several parents and community members in Talladega are upset Friday over allegations of racial comments made from a school employee's Facebook page.More >>
  • Fairview High School football stadium condemned; Game night plans change

    Fairview High School football stadium condemned; Game night plans change

    Friday, August 29 2014 6:36 PM EDT2014-08-29 22:36:45 GMT
    High school football continues into its second week of the season. Stadiums across Alabama will be filled with "Friday night lights.” But, one local stadium that's supposed to host a game will remain empty. The Fairview High School football stadium was condemned Thursday night.More >>
    High school football continues into its second week of the season. Stadiums across Alabama will be filled with "Friday night lights.” But, one local stadium that's supposed to host a game will remain empty. The Fairview High School football stadium was condemned Thursday night.
    More >>
  • Exclusive: Birmingham beats out Miami for DOT conference

    Exclusive: Birmingham beats out Miami for DOT conference

    Friday, August 29 2014 6:34 PM EDT2014-08-29 22:34:48 GMT
    ABC 33/40 has learned that the City of Birmingham beat out Miami for a DOT conference. A date for the conference has yet to be scheduled but hosting such an event gives the city an opportunity to solicit federal funding for transportation projects throughout the metro. Count on us to pass along any new information as soon as we get it.More >>
    ABC 33/40 has learned that the City of Birmingham beat out Miami for a DOT conference. A date for the conference has yet to be scheduled but hosting such an event gives the city an opportunity to solicit federal funding for transportation projects throughout the metro. Count on us to pass along any new information as soon as we get it.More >>
  • Hackleburg High School preps for first home game in three years

    Friday, August 29 2014 4:57 PM EDT2014-08-29 20:57:25 GMT
    Tonight is a homecoming three years in the making for Hackleburg High School. The team takes the field tonight in their new stadium, finally completed after an E-F five tornado destroyed it on April 27, 2011.It is sure to be a packed house at Ray Stadium as the Hackleburg panthers take on Marion County, tonight at 7:00 p.m. This is going to be an emotional night, not only for the school, but for the community as well. "This is going to be an emotional game, an emotional crowd. This field ho...More >>
    Tonight is a homecoming three years in the making for Hackleburg High School. The team takes the field tonight in their new stadium, finally completed after an E-F five tornado destroyed it on April 27, 2011.It is sure to be a packed house at Ray Stadium as the Hackleburg panthers take on Marion County, tonight at 7:00 p.m. This is going to be an emotional night, not only for the school, but for the community as well. "This is going to be an emotional game, an emotional crowd. This field ho...More >>
  • Caregiver charged with physically abusing nursing home patient in Hoover

    Caregiver charged with physically abusing nursing home patient in Hoover

    Friday, August 29 2014 4:49 PM EDT2014-08-29 20:49:12 GMT
    Taneka Kiera HopkinsTaneka Kiera Hopkins
    Hoover police have charged a former caregiver at South Haven Health and Rehab with physically abusing an 80 year old patient.More >>
    Hoover police have charged a former caregiver at South Haven Health and Rehab with physically abusing an 80 year old patient.More >>