Your Rights as a Funeral Consumer
▪ Your Right to Appoint Someone to Carry Out After Death Arrangements You have the right to name the person who will carry out your plans and wishes for after death arrangements. See Below: Your Right to Decide Who Will Carry Out Your After Death Arrangements ▪ Your Rights as A Consumer of Funeral Goods and Services You have the right as a consumer under the Federal Trade Commission (FTC) Funeral Rule to, among other rights, get price information from funeral homes over the telephone or in person. See Below: Your Rights Under the FTC Funeral Rule ▪ Your Right to a Family Directed Home Funeral Your family and/or friends (or the person you appoint to carry out after death arrangements for you) has the right to conduct a home funeral with your unembalmed body present for up to four days, including public visitation (viewing of the body), viewing of the body by minors, and options to transport your body. See Below: "Choices" information on the regulations and requirements of the final disposition of a dead human body in Minnesota NOTE: If you have questions about your rights under Federal and or Minnesota law, Funeral Consumers Alliance of Minnesota is available to answer your questions to the best of our ability, or to refer you to additional resources. Contact Us. Your Right to Decide Who Will Carry Out Your
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In Minnesota, you may name the person who will carry out your after death arrangements.
Minnesota law determines who can make decisions about after death arrangements after someone dies.
This right and responsibility goes to the following person, or classes of people, in order:
· a person you appoint in a written document, including a health care directive
· your spouse
· your child, or a majority of your adult children
· your parents
· your adult sibling, or a majority of your adult siblings
· your adult grandchildren
· your grandparents
· your adult nieces or nephews
· your guardian or guardians at the time of your death
· an adult who exhibited special care and concern for you
· any next of kin, or
· a public or court authority, as required by law.
(Minnesota Statutes § 149A.80, Subd. 2.)
If you and your relative were estranged
If there is only one member of a class described above, and you were estranged from that person, the right passes to the next person on the list. (Minnesota Statutes § 149A.80, Subd. 3.)
If your relatives disagree
If there is more than one member of a class described above -- for example, if you have several children or many siblings -- decisions must be made by a majority of them. If they cannot agree, they will have to go to court to resolve their dispute. (Minnesota Statutes § 149A.80, Subd. 5.) To avoid such an outcome, it’s best to name a representative in advance.
Appointing your decision maker
To name someone to carry out your final wishes, you need only write down what you want in a signed, dated document.
You can use any form you like, but one smart method is to make a Minnesota health care directive. In your directive, you can give your health care agent the added power to carry out your after-death arrangements.
For information about making a health care directive, go to Health Care Directive on this website.
IMPORTANT: Writing Down Your Funeral Plans Letting your survivors know what kind of funeral arrangements you envision -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time. You can include your detailed wishes with the document that names the representative who will oversee your plans.
For information about making a separate document with your wishes for after-death arrangements, go to Plan Ahead on this website.
If you leave written, signed, and witnessed instructions, the person in charge of your remains is legally required to follow your instructions to the extent that you provided resources to do so. (Minnesota Statutes § 149A.80, Subd. 1.)
If you are in the military
You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Paying for after death arrangements
It’s smart to make a plan to pay for these costs. If you don’t, your survivors must cover the costs of your funeral arrangements. However, they are not obligated to carry out your wishes if you haven't left enough money to cover them.
You have two basic options:
Pay in advance
If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (Minnesota Statutes § 149A.97), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
Set aside funds
The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can name a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
Minnesota law determines who can make decisions about after death arrangements after someone dies.
This right and responsibility goes to the following person, or classes of people, in order:
· a person you appoint in a written document, including a health care directive
· your spouse
· your child, or a majority of your adult children
· your parents
· your adult sibling, or a majority of your adult siblings
· your adult grandchildren
· your grandparents
· your adult nieces or nephews
· your guardian or guardians at the time of your death
· an adult who exhibited special care and concern for you
· any next of kin, or
· a public or court authority, as required by law.
(Minnesota Statutes § 149A.80, Subd. 2.)
If you and your relative were estranged
If there is only one member of a class described above, and you were estranged from that person, the right passes to the next person on the list. (Minnesota Statutes § 149A.80, Subd. 3.)
If your relatives disagree
If there is more than one member of a class described above -- for example, if you have several children or many siblings -- decisions must be made by a majority of them. If they cannot agree, they will have to go to court to resolve their dispute. (Minnesota Statutes § 149A.80, Subd. 5.) To avoid such an outcome, it’s best to name a representative in advance.
Appointing your decision maker
To name someone to carry out your final wishes, you need only write down what you want in a signed, dated document.
You can use any form you like, but one smart method is to make a Minnesota health care directive. In your directive, you can give your health care agent the added power to carry out your after-death arrangements.
For information about making a health care directive, go to Health Care Directive on this website.
IMPORTANT: Writing Down Your Funeral Plans Letting your survivors know what kind of funeral arrangements you envision -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time. You can include your detailed wishes with the document that names the representative who will oversee your plans.
For information about making a separate document with your wishes for after-death arrangements, go to Plan Ahead on this website.
If you leave written, signed, and witnessed instructions, the person in charge of your remains is legally required to follow your instructions to the extent that you provided resources to do so. (Minnesota Statutes § 149A.80, Subd. 1.)
If you are in the military
You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Paying for after death arrangements
It’s smart to make a plan to pay for these costs. If you don’t, your survivors must cover the costs of your funeral arrangements. However, they are not obligated to carry out your wishes if you haven't left enough money to cover them.
You have two basic options:
Pay in advance
If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (Minnesota Statutes § 149A.97), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
Set aside funds
The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can name a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
Your Rights Under the FTC Funeral Rule
The Funeral Rule gives you the right to:
Buy only the funeral arrangements you want. You have the right to buy only the products (such as caskets) and services (such as embalming or a memorial service). You do not have to accept a package that may include items you do not want.
Get price information on the telephone. Funeral directors must give you price information on the telephone if you ask for it. You don’t have to give them your name, address, or telephone number first. Although they are not required to do so, many funeral homes mail their price lists, and some post them online.
Get a written, itemized price list when you visit a funeral home. The funeral home must give you a General Price List (GPL) that is yours to keep. It lists all the items and services the home offers, and the cost of each one.
See a written casket price list before you see the actual caskets. Sometimes, detailed casket price information is included on the funeral home’s GPL. More often, though, it’s provided on a separate casket price list. Get the price information before you see the caskets, so that you can ask about lower-priced products that may not be on display.
See a written outer burial container price list. Outer burial containers are not required by state law anywhere in the U.S., but many cemeteries require them to prevent the grave from caving in. If the funeral home sells containers, but doesn't list their prices on the GPL, you have the right to look at a separate container price list before you see the containers. If you don’t see the lower-priced containers listed, ask about them.
Receive a written statement after you decide what you want, and before you pay. It should show exactly what you are buying and the cost of each item. The funeral home must give you a statement listing every good and service you have selected, the price of each, and the total cost immediately after you make the arrangements.
Get an explanation in the written statement from the funeral home that describes any legal cemetery or crematory requirement that requires you to buy any funeral goods or services.
Use an “alternative container” instead of a casket for cremation. No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available, and must make them available. They might be made of unfinished wood, pressed wood, fiberboard, or cardboard.
Provide the funeral home with a casket or urn you buy elsewhere. The funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else — or charge you a fee to do it. The funeral home cannot require you to be there when the casket or urn is delivered to them.
Make funeral arrangements without embalming. No state law requires routine embalming for every death. In most cases, refrigeration or other ways of cooling the body are acceptable alternatives. You may choose direct cremation or immediate burial, which don’t require any form of preservation. Most funeral homes have a policy requiring embalming if the body is to be publicly viewed, but this is not required by Minnesota law. Ask if the funeral home offers private family viewing without embalming. If some form of preservation is a practical necessity, ask the funeral home if refrigeration is available. (Source: FTC | Shopping for Funeral Services, pp. 3-5)
MORE INFORMATION IS AVAILABLE IN THESE FEDERAL TRADE COMMISSION PUBLICATIONS:
Shopping for Funeral Services.pdf
Paying Final Respects: Your Rights When Buying Funeral Goods and Services.pdf
Complying With the Funeral Rule
Buy only the funeral arrangements you want. You have the right to buy only the products (such as caskets) and services (such as embalming or a memorial service). You do not have to accept a package that may include items you do not want.
Get price information on the telephone. Funeral directors must give you price information on the telephone if you ask for it. You don’t have to give them your name, address, or telephone number first. Although they are not required to do so, many funeral homes mail their price lists, and some post them online.
Get a written, itemized price list when you visit a funeral home. The funeral home must give you a General Price List (GPL) that is yours to keep. It lists all the items and services the home offers, and the cost of each one.
See a written casket price list before you see the actual caskets. Sometimes, detailed casket price information is included on the funeral home’s GPL. More often, though, it’s provided on a separate casket price list. Get the price information before you see the caskets, so that you can ask about lower-priced products that may not be on display.
See a written outer burial container price list. Outer burial containers are not required by state law anywhere in the U.S., but many cemeteries require them to prevent the grave from caving in. If the funeral home sells containers, but doesn't list their prices on the GPL, you have the right to look at a separate container price list before you see the containers. If you don’t see the lower-priced containers listed, ask about them.
Receive a written statement after you decide what you want, and before you pay. It should show exactly what you are buying and the cost of each item. The funeral home must give you a statement listing every good and service you have selected, the price of each, and the total cost immediately after you make the arrangements.
Get an explanation in the written statement from the funeral home that describes any legal cemetery or crematory requirement that requires you to buy any funeral goods or services.
Use an “alternative container” instead of a casket for cremation. No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available, and must make them available. They might be made of unfinished wood, pressed wood, fiberboard, or cardboard.
Provide the funeral home with a casket or urn you buy elsewhere. The funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else — or charge you a fee to do it. The funeral home cannot require you to be there when the casket or urn is delivered to them.
Make funeral arrangements without embalming. No state law requires routine embalming for every death. In most cases, refrigeration or other ways of cooling the body are acceptable alternatives. You may choose direct cremation or immediate burial, which don’t require any form of preservation. Most funeral homes have a policy requiring embalming if the body is to be publicly viewed, but this is not required by Minnesota law. Ask if the funeral home offers private family viewing without embalming. If some form of preservation is a practical necessity, ask the funeral home if refrigeration is available. (Source: FTC | Shopping for Funeral Services, pp. 3-5)
MORE INFORMATION IS AVAILABLE IN THESE FEDERAL TRADE COMMISSION PUBLICATIONS:
Shopping for Funeral Services.pdf
Paying Final Respects: Your Rights When Buying Funeral Goods and Services.pdf
Complying With the Funeral Rule
THE "CHOICES" MANUAL BELOW IS AVAILABLE IN PDF HERE.