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Consumer Protection

Highlights of Michigan's New Prepaid Funeral and Cemetery Sales Act

The revisions enacted in the Prepaid Funeral Contract Funding Act were the most significant changes in preneed regulation in Michigan in almost 20 years. When the new amendments take effect next January, all preneed transactions involving merchandise or services-- no matter whom the seller or what the product or service-- will be regulated under one law. This stands in sharp contrast to existing law under which cemeteries selling "cemetery merchandise" or "cemetery services" are regulated under more lenient standards in the Cemetery Regulation Act, while funeral directors-- and everyone else for that matter-- is subject to the requirements of the Prepaid Funeral Contract Funding Act.

Consumer Protection: Important Consumer Protection Points to Remember

Regarding Funeral Directors

* When purchasing services from a funeral director, your investment is protected pre-death or even post-death.
* Funeral directors trust at 100%, and refund at least 90% of all monies paid in advance.
* Funeral directors condemn using aggressive, high-pressure direct mail telemarketing schemes.
* Funeral directors have been actively working with the Michigan Attorney General’s Office to get the word out on unscrupulous sellers of pre-need funeral and cemetery goods and services.

Regarding Cemeterians and Other Non-Funeral Directors

* Non-funeral directors do not need to be licensed in Michigan, making them less accountable to the consumer.
* Consumers are putting their investment at risk when using a non-funeral director for services.
* What non-funeral directors are required to do by law is simply less than what funeral directors are required to do.
* Non-funeral directors may trust less than 50%, depending on the type of service or goods required.
* As has been reported, non-funeral directors are responsible for targeting the elderly with aggressive, high-pressure direct mail and telemarketing schemes.
* Beware of cemeterians and other sellers who use words like trust, trust funds, or savings accounts.

Regarding MFDA

Glossary of Terms

BURIAL VAULT -- A boxlike container for holding a casket for earth burial; the more substantial vault or a liner is required by most cemeteries to prevent the collapse of a grave after burial.

CASH ADVANCE ITEMS -- Goods and services furnished by a third party and paid for by the funeral director on your behalf.

CASKET -- A receptacle, which can be made out of various materials, in which the body is placed for final disposition.

COLUMBARIUM -- A building lined with shelves or recesses for the placement of cremation urns.

CONTAINER -- A pressboard or fiberboard box the size of a casket usually used for immediate/direct cremations; alternative container.

CREMAINS --The remains of a body after cremation; cremated remains.

CREMATION -- A process which reduces the body by heat to small bone fragments. When the fragments are pulverized, they are reduced to the consistency of coarse sand or crushed seashells.

CREMATORY -- A building with a furnace called a retort used to cremate human remains.

DIRECT BURIAL -- The body is transferred from the place of death to the funeral home, placed in a casket and then delivered directly to the burial site. There is no public viewing or graveside services.

Planning Ahead

Planning for a funeral in advance of death is called a preplanned or prearranged funeral. Preplanned funerals may or may not be prefunded. Prearranged funerals offer a permissible vehicle to divest assets for those seeking public medical assistance due to long term care needs. Preplanning offers some other advantages:

  • There are no time constraints.
  • You will have the opportunity to evaluate your needs, desires and financial capabilities more carefully.
  • You can leisurely contact area funeral homes.

CAUTION
Michigan law does not guarantee that your preplanned choices will be carried out. The next-of-kin is empowered to alter your choices after death. The next-of-kin may not cancel a prefunded contract outright after death, however.


PREFUNDED FUNERALS

ESCROW-FUNDED FUNERAL PLANS...
Guaranteed Price Contract
This option allows you to plan a funeral at today’’s prices. You pay for the funeral in advance and your funds are placed in an escrow account.

Visit the Funeral Home

You are now ready to visit the funeral home of your choice to prepare for the funeral.

MEETING THE PROFESSIONALS ...
The funeral profession, as a caretaking group, has personnel and facilities available for those who need assistance prior to or at the time of death.

INFORMATION & CLOTHING THE FUNERAL DIRECTOR WILL NEED...
To facilitate the arrangements and the filing of the death certificate, it will be helpful if you bring the following (if applicable) to the arrangements conference:

  • Birth Certificate if available: information needed is father’s full name, mother’s first and maiden name and date and place of birth.
  • Ancestry (nationality).
  • Educational level.
  • U.S. Armed Forces Honorable Discharge papers.
  • Recent photograph.
  • Any information about cemetery property — Cemetery papers/deeds (if applicable and available).
  • Brief list of surviving relatives (names and places of their residences)
  • List of pallbearers (if desired).
  • Name of person(s) to officiate at the service/Mass/memorial.
  • List of persons playing music and the hymns/songs requested.
  • Clothing: the clothing should include a complete set of underclothing and whatever outer clothing the family deems appropriate.

MAKING THE ARRANGEMENTS...

Choices to Be Made

“The funeral ritual is unsurpassed in providing a good beginning for the healthy grieving process.” From the book by Therese Rando: How to Go on Living When Someone You Love Dies

ARE THERE RELIGIOUS CONSIDERATIONS?
Some religions have specific preferences or requirements. If you don’t know, ask your funeral director or clergy.

MEMBER OF LODGE, FRATERNAL ORGANIZATION, OR MILITARY VETERAN?
Many lodges and fraternal organizations have funeral traditions and rituals that are performed during the visitation or funeral service. If the deceased was a military veteran, he or she is entitled to a U.S. flag and military honors performed by veteran organizations. Your funeral director will explain and arrange such services for you if desired.

IS COST A FACTOR?
Yes, cost is a factor, but all funeral homes have a price list available for your review. It will be easier to discuss arrangements if you have an idea of what you are able to afford. The average funeral in Michigan in 2008, exclusive of cemetery charges, costs about $6,235.

DO YOU WANT A BURIAL OR ENTOMBMENT?

Things You Should Know

DEATH AT HOME

Sudden or unexpected death at home or other private residence when a physician is not present should be reported to the local law enforcement authority immediately. Do not disturb the body. When the police arrive, they will notify the proper authorities for removal of the body. Let the police know your preference of funeral home. Depending on the circumstances of death, it may be required that the remains be first transported to and/or released by the County Medical Examiner.

When death at home is anticipated, normally the patient is under Hospice care. When the death occurs, you should contact Hospice. Hospice will often facilitate many of the procedures listed above. You may however, contact the funeral home of your choice directly, if you wish.

EMBALMING Michigan regulations state that bodies that are neither buried nor cremated within 48 hours of death should be embalmed for transportation purposes. There is no exception under this regulation for refrigeration, nor is a funeral home required to have refrigeration available. Further, some funeral homes will require and have the right to require that embalming take place when there is a public visitation.

Introduction

Our first encounter with the death of a loved one leaves an impression forever. It is seldom convenient, never pleasant and usually traumatic even when expected. We may experience the entire gamut of emotions: love, anger, grief, regret, guilt, resentment, hate, even envy. It is not a good time to make decisions but sometimes they must be made, and made quickly.

We are faced with many options, some of which can be costly. You will receive information on all the options and the costs from the funeral home before you make funeral arrangements. However, during time of grief, you may not be able to absorb the information you receive and may be confused over what is “the right thing to do.”

The Michigan Funeral Directors Association has prepared this pamphlet in the hope that the trauma and pain will be diminished somewhat through knowledge.

Code of Ethics

The members of the Michigan Funeral Directors Association do hereby adopt this Code of Ethics as a standard of conduct for the members of the Association in their professional relationships with those they serve, with the general public, with each other, and with their profession and professional colleagues.

  1. A funeral director should deal with those whom he serves openly, fairly, confidentially, respectfully, and competently. A funeral director should:

    1. Enter into business dealings with those whom he serves openly, fairly, at arm’’s length, and with solicitude for their emotional needs and financial limitations.
    2. Maintain confidentiality of communications with those whom he serves.
    3. Maintain an attitude of respect for the inviolability of the dead human body.
    4. Maintain a sincere respect for all creeds, religions, and customs.
    5. Strive to offer only those goods and services that reflect high professional standards.



  2. A funeral director should assist in maintaining public confidence in the integrity and competence of the funeral service industry. A funeral director should: