SECTION ONE

When A Death Occurs

Available Methods Of Disposition

Purpose Of Embalming

Donation Of Remains

Burial Of Remains

Immediate Disposition

Cremation Of Remains

Purpose Of A Funeral

Types Of Funerals

Choosing A Funeral Home

Prepaid Funeral Contracts

Choosing A Casket

Vaults (Outer Burial Containers)

Choosing A Cemetery Lot

Arrangements For Transportation

Purchasing A Monument Or Memorial

Goods And Services Provided By A Funeral Home

1. Arrangements for disposition of the deceased must by made by a spouse, family member or legal representative.

 

2. Death must be pronounced by a Coroner, Medical Examiner, Attending Physician, Physician on Call or Justice of the Peace. A death certificate must be signed in the county or district in which the death occurs. It also must be filled out as to the exact location where a body is found, including if found in a public place or vehicle.

 

3. Contact all family members and friends. (See "Family Members and Friends", Section Twelve - Pages 20-42)

 

4. Locate deceased's Final Wishes, Will, Pre-planned Funeral Contract Policy or "My Final Planner" workbook.

 

5. If one is using a funeral director to plan burial wishes, request that he/she orders you twelve-fifteen (12-15) death certificates. You will need them when filing for Life Insurance benefits, Social Security benefits, Bank matters, Veteran's benefits, IRS, etc. Texas requires a death certificate to be filed within ten (10) days. (See "Who Requests Death Certificates", Section Two - Page 1) In Texas you would go to your nearest Bureau of Vital Statistics to obtain death certificates and to file the Death Certificate itself. A Death Certificate is $9.00 for the first one and $3.00 thereafter. There is no cost to file a Death Certificate. Fees are subject to change.

 

6. If death occurs outside the county or state of the deceased, immediately contact a local funeral director who knows the required procedures in order to eliminate duplicating funeral costs.

 

7. If you plan on handling all funeral procedures yourself, you must be sure that you follow all state and local regulations. It is most important that you fill out the death certificate correctly. Just one error can create a lot of confusion. Most doctors are usually stressed at a time of death and can by mistake sign on the wrong line which causes the death certificate to be delayed. No one wants to deal with delays in a time of death. A death certificate must be typed legibly in black ink. You will be asked for your mother's maiden name. A family or church member must sign the death certificate in the place marked "Signature of Funeral Director or person acting as such" except where state statues are required. (See copy of "State of Texas Certificate of Death" in Section Two)

 

8. Autopsies are usually required when the cause of death is suicide, unexpected, violent, unusual or uncertain. In one of these situations, a police officer must be called.

 

9. A home death permits the family an additional twenty-four (24) hour period to organize themselves and obtain necessary documents. You can simply regulate the room temperature to help preserve the body until further preservations are made. In some states, a registered nurse can sign the death certificate.

 

10. Never move a body without a permit or medical permission. Call and make arrangements to the place of destination before transportation of a body begins.

 

11. If a body is to be moved from one state to another, an additional permit will be required. Some states require a permit from the local registrar in that town for you to enter private property or a cemetery.

Human remains can be buried, entombed, cremated or donated for scientific study.

Embalming is to treat a dead body with chemicals in order to disinfect and temporarily preserve it for open casket viewing or for transporting the body to distant destinations. Texas laws do not require that a body be embalmed, however, most transportation carriers require that a body be embalmed prior to shipping. Since a body deteriorates rapidly after death, most funeral homes require embalming for anyone requesting open casket funerals when a body is kept twenty-four (24) hours or more. Some states have introduced legislation to require immediate embalming for any body that is known to have a communicable disease. Some funeral homes have policies that will not allow viewing of the body without embalming. But remember there is no law that says you have to be embalmed before viewing. The process of embalming consists of draining the blood from the veins and arteries, emptying fluids from the chest and abdomen and replacing them with preservatives. After the embalming procedure is completed, the body is cosmetically restored. Funeral directors are required by law to state on their price list that embalming is not a legal requirement. Professional funeral directors now require that a family sign a form giving them permission to proceed with embalming. Another alternative to embalming is refrigeration of the deceased's body. A body will only last three to four (3-4) days which really is enough time for most funerals to be completed. Obviously, if a funeral is longer than four (4) days, embalming will be necessary.

Human bodies can be donated to medical facilities. Is some cases, there is no cost to the family. In other circumstances, there may be a cost for transportation of the body. Sometimes the cremated remains may be returned to the family after a year or two. The Anatomical Board pays a set fee to the survivors to help with funeral cost. (If you live outside of Texas, locate your states Anatomical Board) In Texas contact: Anatomical Board, State of Texas UT, Medical Branch, 301 University Blvd., C/O (Willed Body Program), Galveston, Texas 77555, 1-409-772-1293.

DONATION OR REMAINS (continued)

Once you have agreed to donate all or part of your body to science or medical facilities, you have the right to cancel at any given time either in writing or verbally. Make sure your decision is known to a family member, friend or doctor. Most organ donations are kept private without revealing the donor or recipient's name.

It is legal to bury your own family member without a licensed funeral director provided you have the following documents:

* A statement of death

 

* A death certificate

 

* A burial-transit permit

 

 

It is usually prohibited to bury within the city limits. Check with the State Health Department and local zoning ordinance.

Immediate disposition is the disposition of the remains with no attending rites, ceremonies or services. Immediate disposition includes the transfer of the remains, sanitary care in compliance with the Texas law, preparation of and filing the necessary authorizations and consents, death certificate and burial transit permit, and container for handling remains.

1. Cremation cannot occur prior to forty-eight (48) hours after the time of death unless requirements are waived in writing by a County Medical Examiner or Justice of the Peace. The forty-eight (48) hour wait is required to make sure the investigation into the cause of death has been completed. The most important factor in record keeping is the time of death.

 

2. Disposition of cremated remains, known as cremains, includes these:

* Interred in a cemetery, launched into space, sealed inside jewelry or

* Kept by a family member in their home, place in a niche in a columbarium or

* Privately scattered, mixed with molten glass or clay to create a piece of art or

* Scattered by airplane in unpopulated areas or scattered at sea or in a favorite spot

CREMATION OF REMAINS (continued)

3. Cremation costs as little as $400.00. Add an urn and memorial niche and the cost of cremation still is the least expensive alternative. People have had their cremains launched into space, sealed inside jewelry, mixed with molten glass or clay to create a piece of art, even poured into a beer stein. The cremation must be approved by the next of kin. If there is no surviving spouse, most funeral homes will require that all the children sign the consent form before the cremation takes place. If the remains are buried in a cemetery, the urn must be placed in a vault that will not disintegrate. You can save money by buying a container that doubles as a vault and an urn. The only state that specifically restricts the scattering of cremated remains is California, which limits the dispersal to cemeteries, private property and at sea. Scattering in California's national parks is prohibited. The law does not require caskets for cremation. Any type of container may be used, such as a simple wooden box. If the deceased has a pacemaker, be sure to remove it prior to cremation. A pacemaker has lithium type batteries and will explode with heat which will cause considerable damage to the cremation chamber. You may be responsible for the damage to the crematory chamber. Be sure to remove any jewelry or valuables before cremation. Cremators usually do not check the deceased for valuables. Before the deceased is taken to a crematory, certain legal documents are required: legal transit documents, cremation or burial papers, the crematory's authorization for cremation along with the cremation fee. The documents are checked by the staff to make sure the proper authorities have signed them. Signatures required are those of a representative of the State's Department of Vital Health Agency, the Medical Examiner, the funeral director or whoever is handling the arrangements, usually a family member or friend. When the necessary paperwork has been completed, the deceased is assigned an identification number at the crematory. Once the cremation is complete, the identification tag is placed inside the chamber with the remains.

4. Many crematories have chapels. If a family wishes to hold a service it must be performed prior to cremation. The container or casket can be placed in the chapel and services can be held, flowers can be brought and scriptures can be read. Most crematories have music available if desired. Family members may remain in the chapel until the cremation is completed or may even request to view the actual cremation itself. Some people find this comforting to know that their loved one was cared for even up to the very end. Cremation is usually completed in one (1) or two (2) hours depending on the size of the deceased and the type of container. Once the cremation is completed the cremains are removed when they have cooled. Cremains range from three (3) to seven (7) pounds of fragments. The fragments are placed on a tray and all foreign matters that were mixed in at the time of cremation are removed. The fragments are put through a grinding procedure. The cremains are then placed in a temporary container and given to the family or shipped to the place of destination. If a crematory is asked to hold the cremains, the crematory will charge a fee for storage and insurance. If you request that the cremains be mailed, send them by registered mail or special delivery because UPS cannot deliver them due to a United Parcel Service Policy (UPS).

CREMATION OF REMAINS (continued)

5. Questions regarding cremation contact: Cremation Association of North America, 401 N. Michigan Ave., Chicago, Ill. 60611-4267 or call 1-312-644-6610. Services who handle cremation for you are called Memorial Societies. Check your directory for one near you.

 

PURPOSE OF A FUNERAL

A funeral serves two (2) purposes. First, it allows one to pay last respects to their loved one. Second, it brings friends and family members closer together to help those who are unable to handle grief or to face the reality of their loved one being gone.

There are two types of funerals. A Commercial Funeral Home or a Non-Profit Funeral Society.

A Commercial Funeral Home is one where the funeral director takes care of all necessary paper work, transports the body from place of death and takes care of embalming. They also prepare and handle the ceremony.

Funeral Societies are private non-profit organizations open to anyone who wishes to join. They believe in basic, dignified burial services within a reasonable cost. There are about one hundred and fifty (150) non-profit, nonsectarian Memorial Societies throughout the United States.

To locate a Funeral Society, check your local telephone directory or contact: Funeral and Memorial Societies of America, P.O. Box 10, Hinesburg, Vermont, 05461, 1-802-482-3437 or 1-800-458-5563.

Most people choose funeral homes due to location, reputation or religious/ethnic affiliations. You may wish to ask a friend or family member for a referral or find one in your neighborhood and visit it. You should always compare prices concerning all aspects of funeral arrangements. Inquiries may be handled over the telephone. Price shopping can save you thousands of dollars. (Remember that funeral homes have large property taxes, expensive yellow page adds and a twenty-four (24) hour answering service). It is a law that a funeral director give you an itemized list stating the cost of goods and services offered. The Federal Trade Commission (FTC) allows a mortuary establishment to set a nondeclineable fee for professional services. The professional service fee covers the funeral director's time it takes to make arrangements with a cemetery or crematory (including another funeral home if the body were to be shipped out of state).

CHOOSING A FUNERAL HOME (continued)

It also includes the required permits such as, the death certificate and the filing of the obituary. This should take the funeral director four (4) hours or less. Acquire a list from several funeral homes and compare apples to apples as this is a major expense that will effect your surviving family members. Each funeral home must list their name, address, telephone number, and the effective date of the price list with a notice stating, "You may choose only the items you desire. If you are charged for items you did not request, they should explain the reason for the additional charges. Please note that there may be charges for items such as cemetery fees, flowers and newspaper notices".

Prepaid funeral contracts offer a person the opportunity to control the cost and type of funeral service that they desire. If you decide to take out a contract please research the seller and their services. Each seller of contracts for prepaid funeral arrangements must first apply and obtain a permit from the Texas Department of Banking. Make sure the contract includes a trust fund created for the proceeds from prepaid contracts through a contract of insurance with an insurance company licensed in Texas, or that such trust fund is established in a bank or savings and loan association operated under the provisions of the Texas Trust Act. If you have any additional questions regarding Prepaid Funeral Contracts, please contact: State Board of Insurance, Market

Conduct (MC 016-4), P.O. Box 149091, Austin, Texas 78714-9091, 1-512-463-6501 or 1-800-252-3439 or Contact: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705-4294, Special Audit Division, 1-512-475-1290.

Caskets are not required by law. However, you must contact your choice of cemetery for requirements. The casket itself has nothing to do with the preservation of the body. A casket (also called a coffin) is the most single expensive funeral item needed for planning a funeral. Most plain caskets cost between $400 - $500 and you can rest assured that funeral homes have a mark up of 300 to 500 percent. When people go to a funeral home to pick out a casket they usually pick one of the first three that they look at because they are too busy grieving. Funeral homes are aware of this and therefore have a high profit margin, so beware! A casket is not required for cremation or immediate burial. If you choose cremation or immediate burial the body is buried without viewing or embalming and can be placed in another container made of cardboard, pressboard. Caskets vary in price and style and are sold generally for their appearance. Most caskets are made of copper, stainless steel, bronze, steel, solid birch, solid oak, solid poplar, solid mahogany, plastic or fiberglass. Most metal caskets are made from different gauges of rolled steel. The lower the gauge, the thicker the steel-with gauge ranges of 16-18-20-32. Exterior colors come in bronze, blue, natural, brushed pewter, silver rose, silver blue brushed, silver pearl or natural brushed lilac. The interiors of caskets come in velvet, crepe or paper and can be purchased in various colors such as pink, blue, silver, tan and white. Innerspring mattresses are now available in caskets and provide comfort for the deceased. CHOOSING A CASKET (continued)

If you don't have a lot of money to spend on a casket ask the funeral director for a simple well made casket which usually cost less than $400. They are usually sold in ugly colors but you are entitled to ask for a colored one, which usually can be provided by the funeral home within several hours. It is illegal for a funeral home to charge you a handling fee if you wish to provide your own casket. Wood caskets come in plywood, softwood or hardwood. Caskets are not air tight or water tight and do not provide long-term preservation of the body.

Most cemeteries require a vault or grave liner for the purpose of enclosing the casket into the grave. A vault or grave liner is inserted into the ground before the casket and surrounds the casket to prevent the ground from caving in as the casket deteriorates. The vault or grave liner keeps the ground from settling after burial so the cemetery can provide mowing and maintenance easily. A vault is more expensive than a grave liner and is sold mostly for it's appearance. Vaults are made of stainless steel, standard steel, galvanized steel, copper, concrete, plastic and are designed to resist the entrance of outside elements. The gauges of steel range from 7-10-12. Most burial vaults are usually gasketed. Your grave liners which are only made of concrete do not resist entrance of outside elements. Most vaults are sold with a warranty of protective strength. An outer burial container is an easy way for morticians to increase their profit and an added funeral expense for you. Check with your state of local law to see if you are required to purchase a vault or container.

When choosing a cemetery lot one must take into consideration that you may want to purchase lots for the entire family or for your spouse. You must also consider the restrictions that the cemetery has on the types of monuments and vaults. Also check to see if price includes up keep and general maintenance. Most cemeteries require that excavation be handled by cemetery personnel only. Some cemeteries will allow a family to fill a grave by hand and understand their desire to participate in the excavation.

Handling the transportation of a body without a mortician is permitted in forty-one (41) states. Most families have found this to be very comforting. If you decide to transport a body yourself be sure to check with the state in which you need to transfer the body from because you will need a permit in order to transfer the body.

To give all cemetery plot owners general protection, most cemeteries retain the right to approve the type of memorial to be place on a grave site. Most cemeteries have restrictions on the size and design of memorials, while others only require that a flush with the ground bronze plaque be placed. After checking with your choice of cemetery on monument or memorial restrictions, contact a reputable retail monument dealer.

1. Conference appointment to discuss all your desired wishes

2. Twenty-four (24) hour staff availability

3. Coordination of service plans for the final disposition of the deceased

4. Assistance with the completion of funeral forms

5. Death certificate and disposition permit

6. Embalming (The preparation of the body)

7. Refrigeration of the body (after twenty-four (24) hours of death)

8. Bathing and handling of the body

9. Dressing and placement of the body into the casket

10. Cosmetology

11. Restoration (If necessary)

12. Special postmortem care

13. Use of facilities and staff

14. Setting up of visitation area

15. Use of chapel for funeral service

16. Supervision of funeral

17. Display of flower arrangements

18. Coordinating of memorial service

19. Equipment and staff needed for graveside service

20. Equipment and staff needed for cremation ceremony

21. Supervision of remains to the crematory

22. Additional charges for use of facilities/additional charges for Holidays/Sundays

23. Additional charges for use of facilities/additional charges for staff for evening services

24. Purchasing of caskets or urns or outer containers

25. Transportation of the body to the cemetery/removal of remains

26. Immediate burial without any ceremonies or rites

27. Immediate burial of container that is provided by the customer

28. Immediate burial of casket

29. Immediate burial of casket purchased from funeral home

30. Transportation of body from place of death to funeral home

31. Hearse for funeral transportation

32. Additional distance will be charged per mile for any distance over a funeral homes set minimum

33. Limousine for funeral transportation

34. Flower car for funeral transportation

35. Lead car for funeral transportation

36. Additional fee for police officers/motorcycle escorts

GOODS AND SERVICES PROVIDED BY A FUNERAL HOME (continued)

37. Transfer to or from airport/crematory

38. Transfer of body from mortuary to autopsy site and return to mortuary

39. Transportation of body to another funeral home (Use of another facility is additional)

40. Additional cost to receive body from another funeral home

41. Direct cremation with ceremony

42. Direct cremation without ceremony

43. Direct cremation with casket purchased from funeral home

44. Purchasing of floral arrangements

45. Newspaper article

46. Memorial book

47. Crucifix

48. Service folders

49. Acknowledgment cards

50. Prayer cards

51. Flag case

52. Hairdresser

53. Organist

54. Soloist

55. Cemetery fees

56. Newspaper notices

57. Shelter of remains (Ask what this means to each funeral home because it varies)

58. Perpetual care on a cemetery plot is an extra fee

59. Consultant's fee for advice

60. Going back to the crematory to view the body (If permitted)

61. Private off street parking

62. Fee for cash advance sales-Goods or services which are paid for by the funeral provider on your behalf (Examples: flowers, obituary notice clergy honoraria)

63. Any request for additional services not on this list may result in extra fees

64. There is an additional fee to place a tombstone, bench or ledger or other heavy objects in a cemetery which are not included in the casket or ceremony fees as quoted. These are additional costs you should ask about.

If you have a complaint against a Funeral Director or Funeral Home you have Five (5) choices to contact:

1. Discuss your problem with the funeral director in charge or management of the funeral establishment.

 

 

 

2. Write the licensing and regulatory agency for all funeral directors. All complaints must be made in writing to:

 

 

Texas Funeral Service Commission

510 South Congress #206

Austin, Texas 78704

1-512-479-7222

3. Contact your local Better Business Bureau.

 

 

4. Write to: The Federal Trade Commission

Dallas Regional Office

1999 Bryan Street #2150

Dallas, Texas 75201

1-214-979-0213

5. Write to: Funeral Service Consumer Arbitration Program

2250 East Devon Avenue #250

Des Plaines, Ill. 60018

1-800-662-7666