Consumer Corner with Anita Wilson: Funeral decisions and burial options

Recorder file photo

Published: 09-18-2024 1:35 PM

It’s something many people don’t like to think about — making arrangements for when we or someone we love passes away. But making decisions ahead of time can make a difficult time a little easier because it helps ensure that you are honoring someone’s important wishes, not being pressured at a stressful time and choosing only the products and services you actually want.

Whether making arrangements for yourself or arranging a funeral for a loved one, it’s important to know that federal and state regulations in place can help you with your decision-making. Planning ahead and knowing your rights can bring some peace of mind during a painful time and help you make the best choices for your budget.

The Federal Trade Commission has established a Funeral Rule, which outlines the information that funeral providers must provide to consumers. You can view this information on the FTC’s website at consumer.ftc.gov/articles/shopping-funeral-services or contact the Consumer Protection Unit at 413-774-3186 for a printed copy.

Under the Funeral Rule, funeral providers must provide consumers with a written price list for products and services that includes a breakdown of each service so people can choose what they want and compare prices between funeral providers. This list should include costs of embalming, cremation, services provided by the staff, use of the facility, cost of graveside services, and other fees. The facility may also have separate price lists for caskets or outer burial containers or vaults.

You might be surprised at some of the services and products offered by funeral providers that you are not actually required to purchase. For example, in Massachusetts, the law allows for renting a casket for a viewing and use of a different container for burial or cremation. You can supply your own casket or urn purchased elsewhere.

Embalming is not required if you choose direct cremation or immediate burial. It may be required by the funeral home if you choose certain arrangements such as a public viewing, but you can ask if you can ask if there are other options.

When making these arrangements, it’s helpful to think about these questions: Do you want a religious or secular service? Where will the service be held? Will there be a viewing? Are you choosing embalming? Are you choosing cremation?

Then research funeral homes and the services they provide. You have the right to shop around and compare prices whether visiting in person or inquiring over the phone. Some funeral providers have prices listed on their websites. You should be provided with a copy of the price list if requested even if you are not visiting in person.

Article continues after...

Yesterday's Most Read Articles

‘We do not want your kind here’: Hatfield family receives anonymous letters about yard signs, political views
Easthampton students, parents say new math program infringes on middle schoolers’ creative time
Northampton heads back to drawing board in effort to sell old Registry of Deeds building
What can you expect from a Cuddle Party? Conversations about consent happen before anything else
UMass Football: Missouri overwhelms Minutemen 45-3
Leena’s Place in Belchertown faces state alcohol violation for allegedly serving 22 shots of liquor to underage employees

Some facilities offer funeral packages, but you are not required to purchase a package. Make sure you understand what is included in the package and get the details in writing before you agree. Compare the services offered in the package to the cost on the price list to see what option best meets your needs and your budget.

Once you have decided what services you want, you should receive an itemized statement with the prices for these services. Make sure you understand what is included and what everything means before signing the contract.

If you are pre-planning your own arrangements, know that you do not have to pay for them in advance. For example, you may open a separate bank account that you designate “payable upon death” to a trusted family member that they use to pay for your funeral expenses. You can add money over time to account for rising costs due to inflation. Since the cost of products and services may be higher or lower than the estimates in the contract at your time of death the contract should spell out what happens if that occurs.

If you do choose to pre-pay, the contract should explain which items and services are cost protected, and which may change. It should state how the consumer is paying for the expenses, and whether the contract can be changed. Talk to your family about your plans and let them know you have pre-paid. Keep the contract and all other information you are given and provide copies to family members and your legal representative.

Additional information about your rights in Massachusetts and a sample contract can be found at mass.gov/consumer-information-for-the-funeral-industry.

If you have a consumer complaint or question, you may call our Greenfield office at 413-774-3186 or Northampton office at 413-586-9225.

Anita Wilson is the director of the Northwestern District Attorney’s Office Consumer Protection Unit, which is a Local Consumer Program working in cooperation with the Office of the Massachusetts Attorney General.