At-Need


A Consumer’s Guide To Arranging a Funeral

If you are planning a funeral, you have many decisions to make. You may feel overwhelmed or confused. You may have questions. Read this section to learn more before you make any commitments or decisions.

Choose a funeral home with which you feel comfortable. You and the funeral director will have an arrangement conference. This could be done at the funeral home, your home or, in some instances, over the telephone. If you meet in person, you will be given a General Price List and shown the merchandise available. When you have made your selections, you will be given an Itemized Statement, which, for most funeral arrangements, will include contractual language which legally obligates you to pay the cost of the funeral. If the arrangements have been made by telephone, you will be given the General Price List when you receive an Itemized Statement.

Following are some definitions, regulations, and commonly asked questions which should help you through this process. As the person paying for the arrangements, you are the customer. You have rights. Don’t be afraid to shop around or ask questions!

IMPORTANT TERMS

Arrangement conference: the meeting between you and the funeral director during which you choose the services and merchandise you would like.

Basic arrangements fee: the charge made by the funeral home for making all the arrangements for final disposition of the body. It covers the availability of a funeral director, staff and equipment to respond to a death or inquiry. The fee also includes the arrangement conference and securing necessary authorizations such as filing the death certificate and getting permits. You cannot decline this charge. Note: If you select direct burial or direct cremation, the arrangements fee cannot be added since it is already figured into the prices for these services.

Burial: the most commonly chosen final disposition. Costs associated with burial include such services as grave opening and closing and/or perpetual care (maintenance) of the gravesite. You will also be charged by the funeral home for the purchase of a gravesite, if you buy it through the home.

Cash advance items: items of services or merchandise for which the funeral home pays directly to a third party, such as fees for the cemetery or crematory, death certificates and clergy. The funeral home cannot profit on these items. Some funeral homes require you to pay for these items before the funeral service. You may be able to pay some of these fees directly, if you choose. (Don’t forget to get receipts for any money you spend, whether it’s to the funeral home or to third parties.)

Casket price list: a printed or typewritten list which the funeral home presents to you before you discuss or are shown a casket. This list will provide a brief description of each casket and alternative container (such as a cardboard or pressed wood box) regularly offered by the funeral home. It must state the retail price of each item offered.

Cemetery deed: the document from the cemetery which establishes your right to bury the deceased in the plot. If the funeral director has the deed, he or she must return it to you within 7 days of the funeral, unless you have made a different arrangement. Put it in a safe place – it is difficult to replace.

Columbarium: a type of vault with spaces for storing urns containing ashes or cremains (see “cremation” below)

Cremation: a process which reduces the body to ashes (cremains). The ashes may be buried, placed in a columbarium, or kept in your home. Some people choose to purchase an urn for the cremains rather than use the container provided by the crematory. There will be charges for the cremation and, if you choose, for an urn and space in a columbarium. You may also dispose of the cremains in any manner that complies with local health department or other regulations.

Custodial care: a fee the funeral home may charge for days that the body is being held and no other services are being provided. This fee must be disclosed and identified as a daily, weekly or one-time fee.

Customer: the person making funeral arrangements. The customer may be a family member, legal representative or a friend legally designated by the decedent. The customer will be legally responsible for the payment of the funeral bill.

Customer’s Designation of Intentions: a specific form that the funeral director will complete if you select cremation. It includes a space for “disposal of cremains” (what you plan to do with them). You should be aware that 120 days after the cremation, the funeral home has the right to dispose of the cremains if you do not claim them. This fact, and the manner of disposition, must be clearly stated on the form. You must be given a copy of this form when arrangements are made.

Direct burial: the disposition of human remains by burial without a formal viewing, visitation, or ceremony, except for a graveside service.

Direct cremation: the disposition of human remains by cremation without a formal viewing, visitation, or ceremony.

Entombment: burial in an aboveground crypt in a mausoleum or in a lawn crypt. There will be a charge for the use of the crypt.

General Price List: a form which lists the price (or range of prices) for all of the services and merchandise regularly offered by the funeral home. This form must be given to you to keep, at the beginning of the arrangement conference. You may request a copy from a funeral home when a personal visit is made. You do not need to complete funeral arrangements to receive this form.

Itemized Statement of Services and Merchandise: a detailed outline of the specific goods and services you have chosen, the price of each item, and a total cost. Also included will be an estimate of the cash advance fees to be paid on your behalf to third parties. The Itemized Statement will serve as your contract.

Outer interment receptacle: a container in the ground, in which the casket is placed, Vaults and grave liners are some examples. Some cemeteries require outer interment receptacles to prevent collapse or sinking of the grave. If you do not want to buy one, choose a cemetery that does not require outer interment receptacles.

Outer Interment Receptacle Price List: a printed or typewritten list which the funeral home presents to you before you discuss or are shown an outer interment receptacle. This list will provide a brief description of each outer interment receptacle regularly offered by the funeral home. It must contain the retail price of each item offered.

Topical disinfection: external cleansing of the body for which you will be charged. There cannot be an additional charge for this service when embalming is selected, since topical disinfection is part of the embalming process.

Transfer of remains fee: a fee for transportation of the body from the place where death occurred (or from the airport or morgue) to the funeral home.

SOME COMMONLY ASKED QUESTIONS

Who can make funeral arrangements?

The “customer”. It’s very important for family members to agree about the type of services and merchandise to be purchased. Ideally, the family should designate one person to make the arrangements and to convey the family decisions to the funeral director. The customer will be responsible for the payment of the bill.

Do I need a funeral director?

Yes. In New York State, only a licensed and registered funeral director may make funeral arrangements for the care, moving, preparation and burial or cremation of a deceased person. At the least, the funeral director will file the death certificate, transfer the body, coordinate with cemetery or crematory representatives, make the necessary preparations, and move the body to the cemetery or crematory.

Does New York State require the use of a casket or outer interment receptacle?

No, but many cemeteries do require the use of a “suitable container.” New York State law allows for the use of an unfinished wooden box or an “alternative container” made of cardboard, pressed wood, composition materials, or canvas or other material. Even though burial vaults or grave liners are not required by law, some cemeteries require them to prevent collapse or sinking of the grave. If you do not want to buy a burial vault, choose a cemetery that does not require vaults.

Is embalming required by State law?

No. In fact, a funeral director must obtain specific approval to embalm from the customer. A funeral home may, however, require embalming if certain services, such as viewing with an open casket, are chosen. Embalming fees must be clearly stated on both the firm’s General Price List and on the Itemized Statement of Services and Merchandise Provided.

Can I see the body for the purposes of identification?

Yes. No matter what the funeral arrangements are, the customer has the right to see the body briefly. If this process is prolonged, the funeral director may consider it a viewing or visitation and a fee will be required.

What will the funeral arrangements cost?

The costs of funeral arrangements vary greatly, depending on the funeral home and on the type of service and merchandise you choose. For example, if the service you select involves viewing the remains, the funeral home may require embalming and preparation of the body. Also, there is a tremendous range in the price of caskets, depending on style, type of material, lining, etc.

Who regulates funeral homes and funeral directors?

Bureau of Funeral Directing
New York State Department of Health
Empire State Plaza
Corning Tower
Albany, New York 12237-0681

Does the New York State Department of Health set the charges?

No. While the Department of Health regulates the business and practice of funeral homes, it does not regulate prices.

This section was taken from “A Consumers Guide to Arranging a Funeral”
Published by the New York State Department of Health, Bureau of Funeral Directing

© 2018 Erie Niagara Funeral Directors Association (ENFDA). All Rights Reserved. Funeral Home website by CFS