Making Funeral Arrangements

When a loved one passes, the last thing you should have to worry about is what legal concerns you may have regarding the funeral. Federal and State laws have been enacted to protect families, but many people have no idea what to look out for. First and foremost, you need to recognize that the time to familiarize yourself with the laws pertaining to funeral parlors is before you ever need to engage the services of one. Obviously if you are grieving the sudden passing of a loved one, you are far more vulnerable to the practices of an unethical funeral director.

Unfortunately, like in any profession, there are people out there looking to take advantage of you if you let them. Shop around - prices can vary dramatically. Funeral products are marked up as high as 3000%. And like with any contract, don't sign anything that you haven't read thoroughly and fully understand. Both Federal and Massachusetts state law require funeral directors to provide you with an itemized price list at the time you begin discussing what type of funeral they can arrange and the goods and services they can provide. This is often referred to as "The Funeral Rule." You are legally entitled to take the price list they supply with you so don't let anyone try and tell you otherwise! Other than the required basic service fee which must be identified as such or included in and identified as part of the casket price, you have the right to select only the items you want to buy. If there are legal requirements that require you to buy something you didn't ask for, the funeral must explain in writing the reason why you have to buy it.

You may not realize that you do not have to buy a casket through the funeral home. You can opt to shop around for a better price and purchase it from a third party. The funeral home has to accept it and they can't charge you a fee for doing so. Caskets can cost anywhere from $2,000 to $10,000 or more, so it may be very prudent to think twice before you sign on to a price quoted by the funeral director. Believe it or not - you can even buy a casket on Ebay! And of course, there are occasions that renting a casket may be all you need to consider.

If you're considering cremation there may be no reason to spend the money on purchasing a casket. If there is going to be a wake or showing with the family, you may opt to rent a casket rather than buying one. Legally, if you choose cremation, no casket is required. Also, it is important to know that except in certain circumstances, embalming is not required by law, so if you don't want the body embalmed you shouldn't have to pay for it. In Massachusetts, funeral directors may not embalm without permission, and they can't charge for unauthorized embalming. If a funeral director states that embalming is necessary ask why. It may be the case, but you shouldn't just presume without asking.

Purchasing funeral arrangements is really the same as purchasing any goods and services. Make sure you receive an itemized statement for the prices of the goods and services you actually agree to buy. This itemized statement should identify the price of each separate item or merchandise or service to be provided to the extent that the price is known at the time. Make sure the funeral director signs the itemized statement! This statement should be given to you at the time you finish making the arrangements, before the actual funeral service.

We have all have heard the horrific and gory stories in the news about funeral parlor misconduct. Most funeral directors are honest, reputable people who are providing a necessary service to families during a time of crisis. But that doesn't mean that you or your loved ones couldn't fall victim to one of the few unethical individuals out there. For instance, in Massachusetts, the following are some are considered to be acts of unprofessional conduct or crimes involving moral turpitude:

- false or misleading or "bait" advertising;

- soliciting for dead human bodies, whether such soliciting occurs after death or while death is impending; provided, that this shall not be deemed to prohibit general advertising;

- employment of persons known as cappers, or steerers or solicitors, or other such persons to obtain funeral directing or embalming;

- the aiding or abetting of an unregistered person to practice funeral directing or embalming;

- the use of profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of the deceased, whose body has not yet been interred or otherwise disposed of;

- solicitation or acceptance by a registered person of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery;

- the resale or rental of any casket or part of any casket which has been previously used as a receptacle for, or in any connection with, the burial or other disposition of a dead human body, without the knowledge and consent of the consumer; provided, however, that any such casket or part of any casket intended for reuse shall be equipped with a removable liner and said removable liner shall be removed from said casket to reuse; provided, further, that the board shall promulgate and adopt rules and regulations concerning said reuse of caskets;

- violation of any state or municipal law or ordinance affecting the handling, custody, care or transportation of dead human bodies;

- the refusal to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled thereto; and

- failure to secure a permit for the removal or burial of a dead human body prior to interment or disposal.

Make sure you familiarize yourself with the law and ask a lot of questions. You need to know that the funeral director you choose is following the law and not taking advantage of you or your family!

Copyright 2006 - Law Office of Gina M. Ghioldi, P.C.

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