Know Your Rights and the Law

IMPORTANT TERMS

Arrangement conference: the meeting between you and the funeral director during which you choose the services and merchandise you would like.
Basic arrangements fee: the charge made by the funeral home for making all the arrangements for final disposition of the body. It covers the availability of a funeral director, staff and equipment to respond to a death or inquiry. The fee also includes the arrangement conference and securing necessary authorizations such as filing the death certificate and getting permits. You cannot decline this charge. Note: If you select direct burial or direct cremation, the arrangements fee cannot be added since it is already figured into the prices for these services.
Burial: the most commonly chosen final disposition. Costs associated with burial include such services as grave opening and closing and/or perpetual care (maintenance) of the grave site. You will also be charged by the funeral home for the purchase of a grave site, if you buy it through the home.
Cash advance items: items of service or merchandise for which the funeral home pays directly to a third party, such as fees for the cemetery or crematory, death certificates and clergy. The funeral home cannot profit on these items. Some funeral homes require you to pay for these items before the funeral service. You may be able to pay some of these fees directly, if you choose. (Don’t forget to get receipts for any money you spend, whether it’s to the funeral home or to third parties.)
Casket price list: a printed or typewritten list which the funeral home presents to you before you discuss or are shown a casket. This list will provide a brief description of each casket and alternative container (such as a cardboard or pressed wood box) regularly offered by the funeral home. It must state the retail price of each item offered.
Cemetery deed: the document from the cemetery which establishes your right to bury the deceased in the plot. If the funeral director has the deed, he or she must return it to you within 7 days of the funeral, unless you have made a different agreement. Put it in a safe place — it is difficult to replace.
Columbarium: a type of vault with spaces for storing urns containing ashes or cremains (see “cremation” below).
Cremation: a process which reduces the body to ashes (cremains). The ashes may be buried, placed in a columbarium, or kept in your home. Some people choose to purchase an urn for the cremains rather than use the container provided by the crematory. There will be charges for the cremation and, if you choose, for an urn and space in a columbarium. You may also dispose of the cremains in any manner that complies with local health department or other regulations.
Customer: the person making funeral arrangements. The customer may be a family member, legal representative or a friend legally designated by the decedent. The customer will be legally responsible for the payment of the funeral bill.
Customer’s Designation of Intentions: a specific form that the funeral director will complete if you select cremation. It includes a space for “disposal of cremains” (what you plan to do with them). You should be aware that 120 days after the cremation, the funeral home has the right to dispose of the cremains if you do not claim them. This fact, and the manner of disposition, must be clearly stated on the form. You must be given a copy of this form when arrangements are made.
Direct burial: the disposition of human remains by burial without a formal viewing, visitation, or ceremony, except for a graveside service.
Direct cremation: the disposition of human remains by    cremation without a formal viewing, visitation, or ceremony.
Entombment: burial in an above-ground crypt in a mausoleum or in a lawn crypt. There will be a charge for the use of the crypt.
General Price List: a form which lists the price (or range of prices) for all of the services and merchandise regularly offered by the funeral home. By New York State law this form must be given to you to keep, at the beginning of the arrangement conference. You may request a copy from a funeral home when a personal visit is made. You do not need to complete funeral arrangements to receive this form.
Itemized Statement of Services and Merchandise: a detailed outline of the specific goods and services you have chosen, the price of each item, and a total cost. Also included will be an estimate of the cash advance fees to be paid on your behalf to third parties. The Itemized Statement will serve as your contract. Outer interment receptacle: a container in the ground, in which the casket is placed. Vaults and grave liners are some examples. Some cemeteries require outer interment receptacles to prevent collapse or sinking of the grave. If you do not want to buy one, choose a cemetery that does not require outer interment receptacles.
Outer Interment Receptacle Price List: a printed or typewritten list which the funeral home presents to you before you discuss or are shown an outer interment receptacle. This list will provide a brief description of each outer interment receptacle regularly offered by the funeral home. It must contain the retail price of each item offered.
Topical disinfection: external cleansing of the body for which you will be charged. There cannot be an additional charge for this service when embalming is selected, since topical disinfection is part of the embalming process.
Transfer of remains fee: a fee for transportation of the body from the place where death occurred (or from the airport or morgue) to the funeral home.

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