Legal Interment

On the selected funeral products and services status, you must indicate the reason why you charged a fee for embalming. The reason may be that the family requested this service. However, if you tell a consumer that embalming is necessary for a specific reason (such as an inspection or legal requirement), you must include that specific reason in the declaration. The mere declaration of “family consent” to embalming does not indicate the reason for embalming, but only the fact that the family consented. Many complaints between the consumer and the licensee are resolved quickly. More serious complaints require further investigation, and the Office will take action against the licensee if necessary. For complaints that you cannot resolve with cemeteries that do not fall under state jurisdiction, contact an official of the managing organization. Unresolved complaints about casket sellers should be directed to your local district attorney. You can also choose to take the matter to Small Claims Court or use private legal counsel. Federal statutes authorize the payment of expenses related to the burial or disposal of the remains of certain persons in federal custody, persons who die on or in property or facilities owned by the federal government, and certain federal employees who die in the line of duty. In addition, federal laws allow for funeral payments for immigration and naturalization employees who die in the line of duty in a foreign country. Federal regulations also include specific provisions regarding the payment of transportation costs for the bodies of certain persons. For example, United States .CS Section 1483 provides that “the relevant Secretary may arrange for the custody and disposal of the remains of interned prisoners of war and enemy aliens who die in his custody, and in such case the necessary expenses of (NOTE: It is illegal for a funeral home to charge a handling fee if you wish to use a family-built casket or casket, that you bought elsewhere.

However, the coffin must meet the standards of the cemetery or crematorium, taking into account the size of the body. It is also illegal for the funeral home to make false statements about the conservation properties of a casket or to charge a fee for infectious diseases or a fee for protective clothing for staff.) Whenever necessary for the temporary burial of remains pending their transfer to a particular cemetery under this chapter, the secretary concerned may acquire and cause to be maintained graves in commercial cemeteries, or he may acquire the right to use such graves for funerary purposes. If the death occurs outside the United States and a temporary commercial burial site is not available on an adequate basis, the Secretary may acquire land or the right to use land necessary for the temporary burial of the remains under this chapter. The goods and services listed below are those that we can offer to our customers. You can only select the desired items. However, any funeral arrangements you choose include a fee for our basic services and overhead. If legal or other requirements mean that you need to purchase items that you have not specifically requested, we will explain the reason in writing on the statement we provide, which describes the funeral goods and services you have selected. If the cemetery allows, you may be able to arrange burial in the same grave as your spouse or another family member. People who are not related may be buried in a grave of several depths if all parties approve it in advance. Burial in a grave of several depths may limit the right of burial.

Special charges may apply for opening and closing a grave of several depths. The form should leave sufficient space for you to identify and explain in writing any legal, cemetery or crematorium requirements that require the consumer to purchase a funeral or a particular service. You must enter this information on the bank statement before it is delivered to the customer. Private cemetery – An office-regulated cemetery described as a burial park for earthen burials or a mausoleum for crypt or vaulted burials, operated by a private company. Many jurisdictions have adopted regulations on the disposal of human bodies. While it may be perfectly legal to bury a deceased family member, the law may restrict where this activity is permitted and, in some cases, explicitly restrict burials to property controlled by certain licensed institutions. Moreover, in many places, not properly disposing of a corpse is a crime. In some places, it is also a crime not to report a death and not to report the disposition of the body. See our article on cemetery law. (1) notify the next of kin or any other appropriate person; (2) the preparation of mortal remains for burial, including cremation; (3) the supply of clothing; (4) the supply of a casket or urn, or both, with an outer box; (5) the transportation of the mortal remains to the cemetery or to any other place chosen by the secretary; and (6) burial of remains.

Any move to change the Cemeteries Act would make Washington a rare case, said Marsh, the legal expert. The person who has the right to control the disposal of the body must sign a written authorization before cremation can proceed. The permit or a separate contract must specify the place, manner and time of disposal of the remains. It also includes an agreement to cover the costs of cremation, disposal of cremated remains and any other services requested. (If you wish to arrange your own cremation, you can sign the declaration of available cremated remains yourself.) Once a body is buried, it is considered to be in the custody of the law; Therefore, excavation is not a question of law. The disturbance or removal of a buried body is subject to the control and direction of the court. Certain rights and obligations exist with respect to the burial and disposal of the body of a deceased person. After the death of a married person, the surviving spouse has priority over custody of the remains and burial. Radomer Russ-Pol Unterstitzung Verein v.

Posner, 176 Md. 332 (Md. 1939). There is no right of ownership over a corpse in the ordinary sense of the term, but it is considered property to the extent necessary to entitle the surviving spouse or next of kin to legal protection of their rights in respect of the body. Lubin v. Sydenham Hospital, Inc., 181 Misc. 870 (N.Y. Sup. ct.

1943). Cremated remains that do not pose a health risk may be buried or walled up in memorials or cemeteries, or they may be legally preserved by relatives or distributed in different ways and places. Since a crematorium does not conduct “burials” within the meaning of a statute governing the operation of the cemetery, it is not a cemetery society or association. Nevertheless, the regulation of crematoria is the responsibility of the municipality and appropriate operating restrictions are in place.