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Next Steps: FTC rules require funeral cost disclosure
Tuesday, August 05, 2008
Q: My mother made me promise not to go overboard in making funeral arrangements for her. She is 87 and terminally ill. But my brother and I had guilty consciences about not providing her with an expensive service, especially since her sister (age 84) is wealthy and will certainly be there. So we went to a local funeral home and, against our better judgment and Mom's wishes, signed papers obligating ourselves for a service costing more than $16,000. We were pressured to pay in advance. We are embarrassed about going back because we know we will be intimidated, but we think, in retrospect, that the cost is outrageously high. Please answer this as soon as possible. We have been ashamed to discuss this with our mother or the rest of the family.

A: More often than not, funeral arrangements are made at times of grief and stress by families who don't take the time to compare prices or think rationally about costs. Under these circumstances, families tend to spend more than they can afford or purchase unnecessary or duplicative goods and services. To assist consumers, the Federal Trade Commission has established regulations regarding the funeral industry that can help you plan.

According to these regulations, a funeral director must, among other things: 1) provide itemized pricing information for all goods and services in advance; 2) not misrepresent how human remains will be disposed of; and 3) avoid unfair trade practices, such as conditioning the purchase of some goods and services upon the purchase of others.

That said, here are some things that you should know before you decide how to handle this situation:

1) Except where state law requires it or unless there will be a viewing of the body, embalming is not required. Therefore, unless you approve it or the law requires it, the funeral home may not charge a fee for this service.

2) If your loved one is to be cremated, you are not required to purchase a casket, and the funeral home cannot require it. You have the right to purchase a less-expensive container for this purpose.

3) Outer burial containers that are sometimes sold by funeral homes are not mandated by law; however, if a cemetery does require a container, an inexpensive vault or a grave liner may suffice.

4) Despite representations to the contrary, goods and services sold by funeral homes will not stop the natural decomposition of a body for an indefinite time. This includes "air tight" coffins and expensive vaults.

5) Because funeral homes purchase some goods and services from third persons, their costs will be "upcharged" to you by adding what are often called "service fees" or "rebates." Examples of the expenses for which the funeral home makes cash advances include cemetery or crematory services, transportation, clergy fees, flowers, musicians, obituary notices, death certificates, pallbearers, grave opening fees, etc. You are entitled to disclosure of the amount you are being charged over the actual the funeral home cost.

6) Although you cannot be required to purchase a "package deal" and although you have the right to pick and choose the services and goods you want, funeral homes can charge for the services of the funeral director and staff as a condition for providing any service.

7) If you choose to purchase a casket directly from a company that sells to the public rather than from the funeral home, you may be able to save money. The same is true of thank-you notes, sign-in books and the like, which may be provided at higher costs by the funeral home.

8) No pricing is set in stone and, although many people do not do so because of the circumstances, you as a consumer are certainly free to attempt to negotiate the price of the funeral.

Taking the NextStep: We suggest that you go back to the funeral home to discuss its billing. If you feel you will be intimidated, call one of your children to assist you in dealing with the situation. For more details, you may want to look at the information provided by the Federal Trade Commission (www.ftc.gov/index.shtml).


Jan Warner is a member of the National Academy of Elder Law Attorneys and has been practicing law for more than 30 years. Jan Collins is editor of the Business and Economic Review published by the University of South Carolina and a special correspondent for The Economist. You can learn more information about elder care law and write to the authors on www.nextsteps.net.
First published on August 5, 2008 at 12:00 am