One of the most vulnerable times for a consumer is at the passing of a loved one. In the midst of shock and grief there are decisions that must be made for the funeral and most of these decisions must be made quickly. The Federal Trade Commission has published a pamphlet titled, “Paying Final Respect”, which is available at www.consumer.ftc.gov/articles/pdf-0072-funeral-goods-and-services.pdf.

The pamphlet contains a lot of information to help educate the consumer as to their rights and choices. For example, one of the most important pieces of information that you need to know is the Funeral Rule.

The Federal Trade Commission enforces the Funeral Rule, which makes it possible for you to choose only the goods and services you want or need and pay only for those you select, regardless of whether you are making arrangements when a death occurs or are purchasing in advance.

You have the right to:
1. Buy only the funeral goods and services you want. You have the right to buy separate goods, like caskets, and separate services, like embalming or a memorial service. You don’t have to accept a package with items you don’t want.
2. Get price information by telephone. Funeral directors must give you price information on the telephone if you ask for it. You don’t have to give them your name, address or telephone number first. Many funeral homes mail their price lists, although they aren’t required to; some post them online.
3. Get a written itemized price list when you visit a funeral home. The funeral home must give you a General Price List (GPL) to keep. There are 16 specific items and services that must be listed, but it may include others, as well.
4. See a written price list for caskets before you see the actual caskets.
Sometimes, detailed casket price information is included on the funeral home’s GPL. More often, though, it’s provided on a separate casket price list. Get the price information before you see the caskets, so you can ask about lower- priced products that may not be on display.
5. See a written price list for caskets before you see the actual caskets.
Sometimes, detailed casket price information is included on the funeral home’s GPL. More often, though, it’s provided on a separate casket price list. Get the price information before you see the caskets, so you can ask about lower- priced products that may not be on display.
6. See a written price list for outer burial containers. Outer burial containers surround a casket in a grave. They are not required by any state law, but many cemeteries require them to prevent a grave from caving in. If the funeral home sells containers, but doesn’t list the prices on the GPL, you have the right to look at a separate price list for containers before you see them. Look for a range of prices.
7. Receive a written statement after you decide what you want, and before you pay. It should show exactly what you are buying and the cost of each item. The funeral home must give you an itemized statement and the total cost immediately after you make the arrangements. The statement has to identify and describe any legal, cemetery or crematory requirements that require you to pay for any particular goods or services.
8. 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. The containers might be made of unfinished wood, pressed wood, fiberboard or cardboard.
9. Provide the funeral home with a casket or urn you purchase elsewhere.
The funeral provider cannot refuse to use a casket or urn you bought online, at a local store or somewhere else, and it can’t charge you a fee to use it. The funeral home cannot require you to be on site when the casket or urn is delivered to them.
10. Make funeral arrangements without 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 those services at all. In most cases, refrigeration is an acceptable alternative. Services like direct cremation and immediate burial 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 whether refrigeration is available.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.