Funeral Planning Tips and Consumer Rights

When a loved one dies, grieving family members and friends often are confronted with dozens of decisions about the funeral—all of which must be made quickly and often under great emotional duress. What kind of funeral should it be? What funeral provider should you use? Should you bury or cremate the body, or donate it to science? What are you legally required to buy? What about the availability of environmentally friendly or "green" burials? What other arrangements should you plan? And, practically, how much is it all going to cost?

Funeral Planning Tips

Many funeral providers offer various "packages" of goods and services for different kinds of funerals. When you arrange for a funeral, you have the right to buy goods and services separately. That is, you do not have to accept a package that may include items you do not want. Here are some tips to help you shop for funeral services:

• Shop around in advance. Compare prices from at least two funeral homes. Remember that you can supply your own casket or urn.
• Ask for a price list. The law requires funeral homes to give you written price lists for products and services. Resist pressure to buy goods and services you don't really want or need.
• Avoid emotional overspending. It's not necessary to have the fanciest casket or the most elaborate funeral to properly honor a loved one.
• Recognize your rights. Laws regarding funerals and burials vary from state to state. It's a smart move to know which goods or services the law requires you to purchase and which are optional.
• Apply the same smart shopping techniques you use for other major purchases. You can cut costs by limiting the viewing to one day or one hour before the funeral, and by dressing your loved one in a favorite outfit instead of costly burial clothing.
• Shop in advance. It allows you to comparison shop without time constraints, creates an opportunity for family discussion, and lifts some of the burden from your family.

The FTC Funeral Rule

The Funeral Rule, enforced by the Federal Trade Commission (FTC), makes it possible for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements when a death occurs or in advance. The Rule allows you to compare prices among funeral homes and makes it possible for you to select the funeral arrangements you want at the home you use. (The Rule does not apply to third-party sellers, such as casket and monument dealers, or to cemeteries that lack an on-site funeral home.)

Your Rights Under the Funeral Rule

The Funeral Rule gives you the right to do the following:

• Buy only the funeral arrangements you want—You have the right to buy separate goods (such as caskets) and services (such as embalming or a memorial service). You do not have to accept a package that may include items you do not want.
• Get price information on the 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. Although they are not required to do so, many funeral homes mail their price lists, and some post them online.
• Get a written, itemized price list when you visit a funeral home—The funeral home must give you a General Price List (GPL) that is yours to keep. It lists all the items and services the home offers, and the cost of each one.
• See a written casket price list 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 that you can ask about lower priced products that may not be on display.
• See a written 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 caving in. If the funeral home sells containers but doesn't list their prices on the GPL, you have the right to look at a separate container price list before you see the containers. If you don't see the lower priced containers listed, ask about them.
• 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 a statement listing every good and service you have selected, the price of each, and the total cost immediately after you make the arrangements.
• Get an explanation in the written statement from the funeral home that describes any legal cemetery or crematory requirement that requires you to buy any funeral goods or services
• 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. They might be made of unfinished wood, pressed wood, fiberboard, or cardboard.
• Provide the funeral home with a casket or urn you buy elsewhere—The funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else—or charge you a fee to do it. The funeral home cannot require you to be there when the casket or urn is delivered to the home.
• 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 it 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.