Funeral Consumers Alliance

NOTE: We're in the process of updating this page. More current information on changes to state law since Lisa Carlson's "Caring for the Dead" was published can be downloaded in .pdf format (see attachments below).

Those who have chosen to care for their own dead have found it therapeutic and loving. Having something physical to do takes away the sense of helplessness, and family involvement allows you to personalize the funeral experience.

Check your local library for the book  "Caring for the Dead: Your Final Act of Love" (1998). This will help you know what permits are required, where to get them, where to file them, and when (or call the FCA office: 800-765-0107). Available through the FCA Bookstore. Caring for your own dead is permitted in ALL states with the following conditions or exceptions:

Connecticut—The laws in Connecticut are in conflict with each other, begging for a law suit. The laws specifically provide that the custody and contol of remains . . . shall belong to the surviving spouse . . . or . . . next of kin . . . [Sec. 45-253]. On the other hand, a funeral director's signature is required on the death certificate, and only a funeral director or embalmer may transport a body,  but towns and ecclesiastical societies may provide a hearse and pall for burial of the dead. Go figure. A licensed embalmer must be in charge when death is from a communicable disease. Because the laws are conflicting in this state, a family wishing to care for its own dead may wish to seek the help of legal counsel. The FCA office may be able to help by filing a friend of the court brief.

Indiana —The statutes in Indiana are in conflict and begging for a law suit here, too. In the business statutes, it dictates that a disposition permit may be given only to a funeral director, the passage of which was surely influenced by the industry. None of the health statutes, however, have such restrictions and refer to the "person in charge," defined as next-of-kin. Families that wish to care for their own dead may be able to find a local mortician who will cooperate in getting permits. Otherwise, be prepared for a court challenge to get your rights.

Louisiana—Again, in this state, laws are in conflict with a family's rights and should be challenged in court. A family in Louisiana may transport a body once all permits are acquired. A mortician, however, is needed for all other aspects such as obtaining those permits and at final disposition, so information in the above books is primarily helpful only to those taking the body to another state.

Michigan—A 1995 court decision affirmed a family's right to possess a body "for the purpose of preparation, mourning and burial." Recent legislative mischief, however, now requires a funeral director's signature on all death certificates (as of 2006). In 2002, some lawmaker slipped a new passage into the wills and estates laws that requires a funeral director to perform funerals. Michiganders who want to challenge these outrageous restrictions should contact local advocate Wendy Lyons (of the Detroit chapter of Funeral Consumers Alliance) at This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

Nebraska—Statutes regarding family rights (and obligations to pay the bill) are in conflict with statutes requiring a funeral director to be in charge of all deaths.

New Hampshire—A new statute passed in 1999 went into effect January 2000 permitting next-of-kin or designated agents to care for their own dead.

New Jersey—Statutes give next-of-kin the right to control disposition. Regulations, not statutes, promulgated by the Mortuary Science Board require the involvement of a funeral director. However, the Mortuary Board has NO authority over private citizens, only licensees.

New York As in Louisiana, a family may transport a body once all permits are acquired. A mortician, however, is needed for all other aspects such as obtaining those permits and at final disposition, so this information is primarily helpful only to those taking the body to another state.

UTAH Some time after the publication of Caring for the Dead, the Utah Legislature decided to interfere with families’ rights and make it a crime to sign a death certificate if you’re not a funeral director. New regulations require a funeral director's signature on every death certificate, and few funeral directors will likely be willing to do this for a modest fee without forcing other unwanted services on families.  However,  Larry and Susan Turpen are very helpful funeral directors who are willing to sign death certificates and file them for any family that wants to do a home funeral. They likely wouldn’t even charge, but we suggest offering at least $50 - $100 for their time and trouble.

Larry Turpen, Moab, Utah
Cell - 801-367-3535

Susan Turpen, American Fork, Utah
Cell - 877-259-3980 

Attachments:

caringupdates.pdf

[Caring for the Dead Updates]

159 Kb

12/7/2007