A Consumer's Guide to Arranging a Funeral

Transcription

1 A Cnsumer's Guide t Arranging a Funeral Frm the New Yrk State Department f Health webpage If yu are planning a funeral, yu have many decisins t make. Yu may feel verwhelmed r cnfused. Yu may have questins. Read this brchure t learn mre befre yu make any cmmitments r decisins. Chse a funeral hme with which yu feel cmfrtable. Yu and the funeral directr will have an arrangement cnference. This culd be dne at the funeral hme, yur hme r, in sme instances, ver the telephne. If yu meet in persn, yu will be given a General Price List and shwn the merchandise available. When yu have made yur selectins, yu will be given an Itemized Statement, which, fr mst funeral arrangements, will include cntractual language which legally bligates yu t pay the cst f the funeral. If the arrangements have been made by telephne, yu will be given the General Price List when yu receive an Itemized Statement. Fllwing are sme definitins, regulatins, and cmmnly asked questins which shuld help yu thrugh this prcess. As the persn paying fr the arrangements, yu are the custmer. Yu have rights. Dn't be afraid t shp arund r ask questins! Imprtant Terms Arrangement cnference: the meeting between yu and the funeral directr during which yu chse the services and merchandise yu wuld like. Basic arrangements fee: the charge made by the funeral hme fr making all the arrangements fr final dispsitin f the bdy. It cvers the availability f a funeral directr, staff and equipment t respnd t a death r inquiry. The fee als includes the arrangement cnference and securing necessary authrizatins such as filing the death certificate and getting permits. Yu cannt decline this charge. Nte: If yu select direct burial r direct crematin, the arrangements fee cannt be added since it is already figured int the prices fr these services. Burial: the mst cmmnly chsen final dispsitin. Csts assciated with burial include such services as grave pening and clsing and/r perpetual care (maintenance) f the grave site. Yu will als be charged by the funeral hme fr the purchase f a grave site, if yu buy it thrugh the hme. Cash advance items: items f service r merchandise fr which the funeral hme pays directly t a third party, such as fees fr the cemetery r crematry, death certificates and clergy. The funeral hme cannt prfit n these items. Sme funeral hmes require yu t pay fr these items befre the funeral service. Yu may be able t pay sme f these fees directly, if yu chse. (Dn't frget t get receipts fr any mney yu spend, whether it's t the funeral hme r t third parties.) Casket price list: a printed r typewritten list which the funeral hme presents t yu befre yu discuss r are shwn a casket. This list will prvide a brief descriptin f each casket and alternative cntainer (such as a cardbard r pressed wd bx) regularly ffered by the funeral hme. It must state the retail price f each item ffered.

2 Cemetery deed: the dcument frm the cemetery which establishes yur right t bury the deceased in the plt. If the funeral directr has the deed, he r she must return it t yu within 7 days f the funeral, unless yu have made a different agreement. Put it in a safe place it is difficult t replace. Clumbarium: a type f vault with spaces fr string urns cntaining ashes r cremains (see "crematin" belw). Crematin: a prcess which reduces the bdy t ashes (cremains). The ashes may be buried, placed in a clumbarium, r kept in yur hme. Sme peple chse t purchase an urn fr the cremains rather than use the cntainer prvided by the crematry. There will be charges fr the crematin and, if yu chse, fr an urn and space in a clumbarium. Yu may als dispse f the cremains in any manner that cmplies with lcal health department r ther regulatins. Custdial care: a fee the funeral hme may charge fr days that the bdy is being held and n ther services are being prvided. This fee must be disclsed and identified as a daily, weekly r ne-time fee. Custmer: the persn making funeral arrangements. The custmer may be a family member, legal representative r a friend legally designated by the decedent. The custmer will be legally respnsible fr the payment f the funeral bill. Custmer's Designatin f Intentins: a specific frm that the funeral directr will cmplete if yu select crematin. It includes a space fr "dispsal f cremains" (what yu plan t d with them). Yu shuld be aware that 120 days after the crematin, the funeral hme has the right t dispse f the cremains if yu d nt claim them. This fact, and the manner f dispsitin, must be clearly stated n the frm. Yu must be given a cpy f this frm when arrangements are made. Direct burial: the dispsitin f human remains by burial withut a frmal viewing, visitatin, r ceremny, except fr a graveside service. Direct crematin: the dispsitin f human remains by crematin withut a frmal viewing, visitatin, r ceremny. Entmbment: burial in an abve-grund crypt in a mausleum r in a lawn crypt. There will be a charge fr the use f the crypt. General Price List: a frm which lists the price (r range f prices) fr all f the services and merchandise regularly ffered by the funeral hme. This frm must be given t yu t keep, at the beginning f the arrangement cnference. Yu may request a cpy frm a funeral hme when a persnal visit is made. Yu d nt need t cmplete funeral arrangements t receive this frm. Itemized Statement f Services and Merchandise: a detailed utline f the specific gds and services yu have chsen, the price f each item, and a ttal cst. Als included will be an estimate f the cash advance fees t be paid n yur behalf t third parties. The Itemized Statement will serve as yur cntract.

3 Outer interment receptacle: a cntainer in the grund, in which the casket is placed. Vaults and grave liners are sme examples. Sme cemeteries require uter interment receptacles t prevent cllapse r sinking f the grave. If yu d nt want t buy ne, chse a cemetery that des nt require uter interment receptacles. Outer Interment Receptacle Price List: a printed r typewritten list which the funeral hme presents t yu befre yu discuss r are shwn an uter interment receptacle. This list will prvide a brief descriptin f each uter interment receptacle regularly ffered by the funeral hme. It must cntain the retail price f each item ffered. Refrigeratin fee: a fee charged by sme funeral hmes fr cling the bdy when embalming is nt selected. If such a fee is charged, it must be stated up frnt, n bth the General Price List and the Itemized Statement. This charge can be declined by the custmer. Tpical disinfectin: external cleansing f the bdy fr which yu will be charged. There cannt be an additinal charge fr this service when embalming is selected, since tpical disinfectin is part f the embalming prcess. Transfer f remains fee: a fee fr transprtatin f the bdy frm the place where death ccurred (r frm the airprt r mrgue) t the funeral hme. Sme Cmmnly Asked Questins Wh can make funeral arrangements? The "custmer." It's very imprtant fr family members t agree abut the type f services and merchandise t be purchased. Ideally, the family shuld designate ne persn t make the arrangements and t cnvey the family decisins t the funeral directr. The custmer will be respnsible fr the payment f the bill. D I need a funeral directr? Yes. In New Yrk State, nly a licensed and registered funeral directr may make funeral arrangements fr the care, mving, preparatin and burial r crematin f a deceased persn. At the least, the funeral directr will file the death certificate, transfer the bdy, crdinate with cemetery r crematry representatives, make the necessary preparatins, and mve the bdy t the cemetery r crematry. Des New Yrk State require the use f a casket r uter interment receptacle? N, but many cemeteries d require the use f a "suitable cntainer." New Yrk State law allws fr the use f an unfinished wden bx r an "alternative cntainer" made f cardbard, pressed wd, cmpsitin materials, r canvas r ther material. Even thugh burial vaults r grave liners are nt required by law, sme cemeteries require them t prevent cllapse r sinking f the grave. If yu d nt want t buy a burial vault, chse a cemetery that des nt require vaults. Is embalming required by State law?

4 N. In fact, a funeral directr must btain specific apprval t embalm frm the custmer. A funeral hme may, hwever, require embalming if certain services, such as a viewing with an pen casket, are chsen. Embalming fees must be clearly stated n bth the firm's General Price List and n the Itemized Statement f Services and Merchandise Prvided. Can the funeral directr refuse t embalm the bdy? N. The funeral hme may nt refuse t embalm r therwise handle the bdy, regardless f the cause f death f the deceased. The hme als may nt charge extra fr preparing r handling the bdy f a persn wh has died f an infectius disease, such as AIDS, hepatitis B r tuberculsis. Can the funeral directr refuse t allw me t view the bdy when visitatin has been selected? N. While the funeral directr may advise against a viewing due t the cause f death r cnditin f the bdy, the final decisin is left t the custmer. Can I see the bdy fr the purpses f identificatin? Yes. N matter what the funeral arrangements are, the custmer has the right t see the bdy briefly. If this prcess is prlnged, the funeral directr may cnsider it a viewing r visitatin and a fee will be required. What will the funeral arrangements cst? The csts f funeral arrangements vary greatly, depending n the funeral hme and n the type f service and merchandise yu chse. Fr example, if the service yu select invlves viewing the remains, the funeral hme may require embalming and preparatin f the bdy, which can be expensive. Als, there is a tremendus range in the price f caskets, depending n style, type f wd, lining, etc. The least expensive type f funeral service is direct burial r direct crematin. If I chse a direct burial, can the funeral hme charge fr a graveside service? A direct burial includes a graveside ceremny if the custmer wants it. The price fr the ceremny, excluding cash advances, must be included in the fee fr a direct burial. Hwever, if the service requires staff in additin t the funeral directr supervising the burial, an additinal charge may be added. If s, this charge must be clearly listed n bth the General Price List and the Itemized Statement f Services. Des the New Yrk State Department f Health set the charges? N. While the Department f Health regulates the business and practice f funeral hmes, it des nt regulate prices. What can I d if I feel the prices are t high? Yu can call several funeral hmes and cmpare prices. (Funeral hmes are required t give price infrmatin ver the telephne.) If yu've shpped arund and the price is still t high, yu may have t recnsider yur selectins.

5 Can I rent a casket fr a viewing? Pssibly. Casket rentals are nt prhibited and sme funeral hmes ffer this ptin. If a funeral hme ffers rental caskets, it must be stated n the General Price List. If yu rent a casket fr a viewing, yu can then buy a suitable cntainer fr burial, if yu chse burial. Can the funeral directr criticize my selectins? N. It is illegal fr funeral hme staff t state r imply that any merchandise they ffer fr sale is unsatisfactry in any way. Are there ther actins that are illegal fr funeral hmes? Yes. Illegal actins include: pressuring the custmer t select certain services r merchandise charging an additinal fee fr filing the death certificate r getting it medically certified charging a "handling fee" fr paying third parties n yur behalf charging a fee fr handling a casket prvided by the custmer charging fr any service r merchandise nt selected by the custmer charging interest n an utstanding balance unless this charge is disclsed at the time the funeral arrangements were initially made and is stated in the Itemized Statement having persns ther than a licensed funeral directr make funeral arrangements, prepare the bdy, r supervise the burial misrepresenting laws and regulatins relating t funeral directing Remember: Yu d nt have t accept services r merchandise yu dn't want! Yu must be infrmed f all charges in advance! Always get a receipt! D I need mre than ne cpy f the death certificate? Prbably. Yu will need t give certified cpies t insurance cmpanies, banks, etc. The funeral hme may btain them fr yu. They cannt charge yu mre than the actual fee. Death certificates are filed by the funeral directr with the registrar f Vital Recrds in the lcality where the death ccurred. Can I prepay my funeral? Yes. Prepayment can lift much f the financial burden frm yur survivrs. It als allws yu t select the type f funeral arrangements yu want. Pre-need plans are regulated by law. Fr mre infrmatin, read the New Yrk State Health Department's publicatin "Befre Prepaying Yur Funeral, Knw Yur Rights." Can the funeral hme change arrangements withut my permissin? N. The funeral directr must btain yur apprval befre making any substitutins r changes. What if the deceased wanted t dnate rgans?

6 It is imprtant t hnr the wishes f peple wh want t dnate all r part f their bdies upn death. Thse wh want t be dnrs shuld carry rgan dnr cards, sign the dnr space n the back f their licenses, include their wishes in their wills, and infrm family members. Fr mre infrmatin n rgan dnatin, call DONOR ( ). What if I decide t change funeral hmes? Yu have the right t change funeral hmes at any time. Yu will need t pay fr any services that have already been dne (fr which yu had given apprval). The funeral hme must allw the transfer f the bdy t anther funeral hme, even if yu haven't paid yet. It may nt hld the bdy in exchange fr payment. Hw d I cmplain abut a cemetery r crematry? The New Yrk State Department f Health des nt regulate cemeteries r crematries. Yu can send a cmplaint t: NYS Department f State Divisin f Cemeteries 41 State Street Albany, NY Hwever, if the cemetery is wned by a religius rganizatin r is municipally-wned, it may nt be subject t regulatin. Can I cmplain abut hw arrangements were handled? If, after the funeral, yu have a serius prblem with hw the arrangements were handled, yu can file a cmplaint by writing: New Yrk State Department f Health Bureau f Funeral Directing Hedley Park Place 433 River Street Suite 303 Try, New Yrk