Legal, Social, & Community Support for Funerals

Individuals who plan to conduct a funeral themselves must adhere to the laws, regulations, and level of care that a funeral service practitioner would provide. While choosing a home funeral can reduce your overall costs, you are expected to fulfill some general requirements to comply with the law. For example, a death certificate must be filed for any death that occurs in the United States, and only a funeral director can fulfill this requirement in some states. The National Home Funeral Alliance maintains a list of associated state laws to be aware of if you are interested in conducting a home funeral.

If part of the home funeral plans involves transporting the body of the person who died to the site where they will be buried or cremated, another legal requirement that typically needs to be fulfilled is a burial-transit permit. Once you have obtained the permit, keep it handy in case you need to prove that you have permission and authorization to handle specific arrangements. Transportation permits can be essential if you are traveling across state lines with the body of the person who died.

There are many people in the funeral industry who consider themselves to be home funeral-friendly and are willing to help you understand the applicable guidelines and regulations in your state if you’re seeking clarity about the logistics. Generally speaking, no laws require individuals to use a funeral home when planning or arranging services. Similarly, individuals have the right to purchase only the services they want, and they aren’t required to use them if they don’t want them. Whether you choose a home funeral or a traditional funeral, we encourage you to become familiar with the Funeral Rule to ensure you understand your rights. 

Sources 

“Am I Required By Law to Use a Funeral Home?” National Cremation. https://www.nationalcremation.com/cremation-information/am-i-required-by-law-to-use-a-funeral-home 

“State Laws”. National Home Funeral Alliance. https://www.homefuneralalliance.org/state-laws.html

A potter’s field is a term used to describe a burial site for unknown, unclaimed or indigent individuals. The name originated from the New Testament when Judas Iscariot is said to have given high priests the money he was paid to betray Jesus, which they used to purchase land, “the potter’s field,” in which to bury unknown people. Over time, “potter’s field” became synonymous with any burial site for the poor or unclaimed.

These burial grounds for the unclaimed still exist across the United States, though they may be known by other names today, such as county cemeteries or public burial grounds. Today, the majority of unclaimed bodies in the United States are cremated, stored for a set period of time, and then either scattered or buried in a county or state-owned mass grave, some of which the public can visit. New York City is home to the largest public cemetery in the US, on Hart Island off the coast of the Bronx. Dating back to 1869, over one million people have been buried there, with over 1,000 more interred each year (with upticks during public health crises like COVID).

Sources

“Why Are Common Graves Called Potter’s Fields?” Mental Floss. https://www.mentalfloss.com/language/potters-field-name-origin 

“The Island Where New York City Buries Its Unclaimed Dead Is Becoming a Park”. Smithsonian Magazine. https://www.smithsonianmag.com/smart-news/new-yorks-secretive-islandhome-to-the-bodies-of-more-than-1-millionwill-become-a-park-180981915/ 

“Hart Island”. NYC: Hart Island. https://www.nyc.gov/site/hartisland/hart-island/hart-island.page 

Using a crowdfunding platform to help cover funeral expenses can be an effective option for addressing financial challenges associated with final arrangements. Crowdfunding platforms allow individuals to raise funds through online donors who pledge to contribute money to support a cause. Since funerals can cost thousands of dollars, crowdfunding can provide a quick way to acquire some or all of the funds necessary for services in the event of an unexpected death.  

The process associated with effective crowdfunding is fairly simple. Individuals can set up an account on a popular platform and start a campaign to communicate the need for financial support. They then share the campaign through social media, email, or text messages. The campaign should clearly communicate the reason for the request and outline the anticipated costs for the funeral. Many people find it helpful to share additional information about the cause of death and why they are unable to cover the costs for arrangements independently. Including pictures and allowing others to share their memories of the person who died can further personalize the campaign and make it more relatable. 

It is important to be realistic about the amount of funding that the family can raise with a campaign, as well as how taxes or fees can change the total amount of funds received when the campaign has concluded. Although crowdfunding can help raise some of the necessary funds for the funeral, it can be challenging to raise enough money if the campaign isn’t shared with an extensive social network or spread consistently throughout the community. Similarly, every crowdfunding platform has its own policies regarding the amount of fees and taxes it deducts from the final amount raised, so it’s important to be aware of how these limitations can impact funds. Providing details about the funeral home or crematory that will be responsible for the services and being fully transparent about how the funds will only be used can help reduce reluctance among potential donors.

The decision to use a crowdfunding platform to cover funeral expenses is often a matter of personal preference, but it is becoming increasingly prevalent. According to Midland National, around 20% of adults aged 20 to 39 have used crowdfunding to raise funding for funeral arrangements, and over 125,000 memorial fundraisers have been started solely on GoFundMe. Ultimately, individuals interested in pursuing crowdfunding are encouraged to consider both the benefits and drawbacks of this method, as well as potential alternatives to covering expected costs. 

Sources

“Crowdfunding for Funerals and Memorials”. FuneralWise. https://www.funeralwise.com/funeral-cost/crowdfunding/ 

“Get Help With Burial Expenses Using These Resources”. GoFundMe. https://www.gofundme.com/c/blog/burial-expenses 

“Don’t Make These Four Crowdfunded Funeral Mistakes”. Keefe Funeral Home. https://www.keefefuneralhome.com/dont-make-these-four-crowdfunded-funeral-mistakes 

“A growing number of millennials seek crowdfunding for final expenses”. Midland National. https://www.midlandnational.com/learn-and-plan/millennial-crowdsourcing-funerals 

The “basic service fee” is a charge that all consumers who purchase funeral services from a funeral home must pay, regardless of the optional services they choose. It covers the professional services of the funeral director and staff, as well as other services common to all funerals, such as:

• The initial consultation with the funeral director
• Funeral planning
• Obtaining authorizations
• Filing the death certificate and cremation permit, etc. 
• Sheltering the remains
• Coordinating arrangements with the cemetery, crematory or other third parties
• Administrative costs and overhead

The Funeral Rule requires funeral homes to state what is included in their basic service fee and provide the following disclosure in the itemized price list given to the consumer:

This fee for our basic services and overhead will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.)

With that being said, the amount of the basic service fee can vary a great deal between one funeral home and another — even those in the same city or town. To compare this fee, you can check the price survey from your local affiliate of the Funeral Consumers Alliance (FCA), which often lists the basic service fees of area funeral homes. The reason for this is simply that each funeral home has a great deal of discretion in determining what it charges for professional services and administrative tasks. The FTC does not limit what a funeral director can charge for consultation and planning, nor does it control what the funeral home charges for sheltering the remains. So each funeral home determines its basic services fee based on factors such as staffing levels and expertise, market conditions, and its typical clientele.

When planning a direct cremation or immediate burial, it is crucial to ask for those packages using those exact words, as adding any other services may allow the funeral home to charge you the full basic services fee instead of the lower, packaged price.

Sources

“Complying with the Funeral Rule”. Federal Trade Commission. https://www.ftc.gov/business-guidance/resources/complying-funeral-rule#:~:text=The%20Funeral%20Rule%20requires%20you,about%20funeral%20goods%20and%20services.