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The "Funeral Rule"

When someone dies, unless all the funeral arrangements have been made in advance family members are often asked to make many decisions quickly and while they may be shocked and in great distress.

While your first instinct may be to visit the closest funeral home right away, experts advise that families wait at least 24 hours if possible. They also advise that if a bereaved spouse or child is making funeral arrangements, someone with a cool head and a calm disposition go along for support.

Although most funeral providers are honest, ethical members of the community, some past practices moved Congress to pass what has become known as the "Funeral Rule." The Funeral Rule was designed to eliminate the pressure that some funeral directors were placing on bereaved families to purchase goods and services that they could not afford or did not truly want.

Most funeral providers will provide families wanting to make arrangements with a choice of "packages" of goods and services that together make up a particular funeral or memorial service plan. It's important to know that the Funeral Rule states that no consumer must accept a package plan that may include items they don't want or can't afford. All services (embalming, memorial service, vehicles) and funeral "goods," such as caskets, urns, programs, mass cards, guest books, and thank you cards can be purchased separately. You may also purchase a casket or an urn from one provider and services from another.

In simple terms, the "Funeral Rule," which is enforced by the U.S. Federal Trade Commission, states that:

You may purchase only the goods and services you want, without obligation to purchase a "package;"

You may receive price information by telephone. Funeral directors are required to provide price information by telephone without requiring you to give your address or contact information;

You must receive a written, itemized General Price List if you visit in person. This price list must list all the individual items and services the funeral home offers and the cost of each. The funeral director must permit you to take this list away with you;

You must be provided a written Casket Price List before you view the products. The consumer has the right to see inexpensive caskets which may be listed on the price list but may not be displayed in the casket viewing room.

You must be provided an Outer Burial Container Price List. Outer burial containers are not required by state law anywhere in the U.S., but many cemeteries require them to prevent the grave from collapsing. If the funeral home sells containers but does not list their prices on the General Price List, you have the right to see a container price list before you see the containers. If you don't see lower-priced containers on display, ask about them.

You must be provided a written explanation that identifies and describes any legal, cemetery or crematory regulation that requires you to purchase any specific funeral goods or services for which you will be charged.

You must receive a written statement of all products and services showing exactly what is being purchased and the individual cost of each item as soon as arrangements have been decided and before payment is made;

You may provide the funeral home with a casket or urn you have purchased elsewhere. The funeral provider may not refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else, and may not charge you a handling fee to do so. The funeral home cannot require you to be present when the casket or urn is delivered to them.

You may use an "alternative container" instead of a casket for cremation. No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available, and must make them available. These may be made of unfinished wood, pressed wood, fiberboard, or cardboard.

You may decline embalming. No state law requires routine embalming for every death. Some states require embalming or refrigeration if the body is not buried or cremated within a certain time; some states don't require embalming at all. In most cases, refrigeration is an acceptable alternative. In addition, you may choose services like direct cremation and immediate burial, which don't require any form of preservation. Many funeral homes have a policy requiring embalming if the body is to be publicly viewed, but this is not required by law in most states. Ask if the funeral home offers private family viewing without embalming. If some form of preservation is a practical necessity, ask the funeral home if refrigeration is available.

There is also no requirement that bereaved family members must make final funeral arrangements on their first visit to a funeral home. After collecting all the printed information and viewing the available products, taking a little extra time to think things over is always a good idea. Too quick decisions are often regretted in hindsight. Unless religious laws dictate that burial occur within a specified period of time, more often than not families are thankful that they took the extra day or two to plan the funeral or memorial service they truly wanted for their loved one.

 



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