A University of Alabama Law School Clinical Program funded in part by West Alabama Regional Commission

Funeral and Memorial Services

One consumer service that almost everyone will need is assistance at the time of death. This will be true even if you decide on immediate burial or cremation with a memorial service in your church. Although it is possible for families to handle disposition of the remains of loved ones without commercial assistance, few choose to do so. Depending on the amount of advance planning the individual has done the last rites can be expensive but impersonal, or reasonably-priced and comforting to loved ones. Planning ahead can not only personalize the result but can save hundreds and sometimes thousands of dollars.

There are ethical business people involved in the death industry who aim for good service at a fair profit and who contribute to the communities in which they operate. Unfortunately, the industry includes far too many whose primary motivation appears to be greed. There are few times when families are easier to manipulate, and some funeral and cemetery providers have been quick to take advantage of that. This has been a huge consumer problem for decades, not only in Alabama, but around the country. Americans typically spend far more for final rites that those in other developed countries.

Although there have long been federal rules to protect funeral consumers, until recently Alabama offered no consumer protection at all. The board that regulates funeral homes in Alabama still has no consumer members; all seven members are funeral home owners. Prior to passage of the Alabama Preneed and Funeral Act in May of 2002, there was no law protecting consumers from unethical funeral providers. The Act requires those who sell funeral or cemetery merchandise pursuant to pre-need contracts to obtain a "Certificate of Authority". There are reporting obligations for certificate-holders, and requirements to set aside or purchase insurance to cover a portion of consumers' pre-need contract payments. The regulations are far from perfect, but the Act was a welcome and much-needed first step to providing some protection for Alabama consumers.

Funeral homes are businesses, and they have a right to be paid for the services they render and the merchandise they sell. Some are concerned about their customers and try to give the kind of service that good business operations of any kind do. But large chains have bought many formerly community-owned funeral homes, often keeping the name of the original owner. Like large retail or fast-food chains these businesses have one purpose: to make money. There is nothing inherently wrong with making money if the funeral home can do that while providing what you want and need. But it is up to you to see to it.

While planning ahead is always wise, paying ahead may not be, especially if the likely need is far in the future. In a mobile society people of any age often move, and funeral providers are not always helpful in arranging refunds or transfers of pre-paid funds to a provider in the new location.

Even when funds are put into escrow there can be problems for the consumer. What if you move? What if the decisions made years ago do not fit present circumstances? Can you get all or part of your money back or transfer the contract to another funeral home? Do not sign a “pre-need” contract without understanding what would happen if your needs change.

Get a price list. Visit at least three funeral homes, and ask for price lists of services and products. They are required to provide such lists; if they do not do so, leave. If a funeral home will not even comply with the law and show you what it charges, it is not likely to be a business you can trust to provide the best value for your money.

Caskets and cremation containers. When ground burial is chosen, the casket is usually the single most expensive item involved in the last rites. Caskets can be purchased anywhere, at the best price you can find. The funeral home must accept a casket or urn from another source and may not charge “handling fees’ or any other fee for doing so. This is one good reason for obtaining a price list. You need to see what a funeral home is charging for “overhead”. Funeral homes are allowed to charge a flat fee for overhead, over and above what they make from products and services. Before you negotiate, you need to know what that charge is.

There are other sources for caskets, urns and cremation containers. Independent suppliers often charge far less for exactly the same product – and still make a profit. There is tremendous markup on these products, which are, after all, boxes. Ask around to see if your city has an independent provider; many do. It may be part of another business.

It is possible to buy a casket, urn or cremation container on the Internet, but this also requires time and careful inquiry. You can pay too much on the Internet just as you can in your home town. You can research on the Internet and learn what wholesale prices are for items you are interested in. You can insist that the funeral home’s profit be a fair and reasonable one and not the inflated markup so common in the industry.

Embalming. Embalming is not required by law except in unusual circumstances such as shipping out of state. It provides no public health protections; it only delays decomposition somewhat. (We are all going to end up the same way – it will just take longer if the body is embalmed.)

Although not required by law, for obvious reasons embalming is usually insisted on by funeral homes if there is to be an open casket service or the funeral will not occur for several days. For direct burial or cremation, embalming is not required or necessary and is primarily a source of income for the funeral home.

Vaults. The purpose of a vault is to prevent the ground from sinking and to make upkeep easier for the cemetery. Ask about a grave liner instead; it protects the coffin and provides the same benefit for the cemetery, and costs less.

Sealer Caskets. No casket or modern process will preserve a body forever. Several hundred dollars added to the price of a casket for a “sealer” cannot guarantee that, and in fact in this hot climate a sealer can actually cause a body to deteriorate to a disgusting soup, rather than dehydrating naturally. That is hardly what the consumer has in mind when (s)he pays many times the cost of a casket for a “sealer”!

Cremation. Cremation is becoming more and more popular, not just because of cost, but also because of flexibility. Most religious groups approve of cremation (one exception is the Jewish faith) and an increasing number of churches provide columbariums. The body is cremated directly and the ashes are given to the family or sent to the church. There is a service in the church following which the ashes are placed in a niche topped with the name, birth and death dates of the loved one. Placement in a columbarium is not an inexpensive alternative to ground burial, but cremation generally is less expensive. It also provides flexibility regarding what is done with remains; they can be placed in a garden, scattered over a much-loved piece of land or body of water, or even buried at the gravesite of a loved one. There are few restrictions on disposition; Alabama has none.

There are presently thirteen crematoria in the state, and it is usually less expensive to make direct arrangements with them than to pay a funeral home that simply ships the body to the crematorium. It is not necessary to purchase a casket for cremation; this is done in a much less expensive “cremation container”. If there is a service with the body present you may want to purchase a casket, or you can ask about renting one for the service only. Most of those who opt for cremation, however, prefer direct cremation with a memorial service at a place that has meaning for loved ones. Pictures of the deceased may be placed around the site, and perhaps food is catered or brought by friends. Some sort of ceremony is desirable, along with an opportunity to laugh, cry and reminisce.

These are only a few of the things you should investigate ahead of time. Make your decisions and plans now, instead of leaving them to be made by a grief-stricken (and vulnerable) family and friends after your death.

RESOURCES

The FTC (Federal Trade Commission) provides free brochures explaining the Funeral Rule. Write Public Reference, Federal Trade Commission, Washington, D.C. 20580, and ask for: Funerals: A Consumer Guide, or telephone 202-326-2222 (TDD 202-326-2502) in Washington; 404-347-4836 for the Atlanta regional office. The web site for obtaining information or making a complaint is www.ftc.gov

Funeral Consumers Alliance is the only national funeral consumer advocacy group and it offers many helpful publications at minimal cost. The Address is FCA, 33 Patchen Road, So. Burlington, VT 05403; telephone 800-765-0107 to join or order materials, or go to www.funerals.org

AARP, a non-profit, non-partisan organization of and for seniors, publishes Funeral Goods and Services and Prepaying Your Funeral? For free copies go to www.aarp.org/contacts/, or write AARP Fulfillment, 601 E Street, Washington, D.C. 20049.

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