"A funeral need not be costly to be psychologically or emotionally beneficial.".

Joseph Johnson, owner - License Number FDR 106

This Publication May Be Copied If:

The text is not changed or misrepresented.

Credit is given to the Department of Consumer Affairs’ Cemetery and Funeral Bureau.

All copies are distributed free of charge.

Introduction

The death of a loved one is one of the most traumatic experiences any of us will ever have. The California Department of Consumer Affairs' Cemetery and Funeral Bureau has developed this booklet to assist you in making the difficult decisions about funeral and cemetery arrangements for yourself or someone close to you. By asking the right questions, comparing prices and services, and making informed decisions, you can make arrangements that are meaningful to your family and control the costs for you and your survivors.

The Cemetery and Funeral Bureau licenses, regulates, and investigates complaints against California funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cemetery managers, cremated remains disposers, crematories, crematory managers and the nearly 200 fraternal and private cemeteries in the State.

(NOTE:The State does not license cemeteries operated by religious organizations;cities, counties, or cemetery districts; the military; Native American tribal organizations; or other groups. If you don’t know who regulates the cemetery you’re interested in, ask the cemetery manager.)

If you need help with a cemetery or funeral issue, visit the Bureau's Web site at www.cfb.ca.gov or call the Department of Consumer Affairs’ Consumer Information Center at (800) 952-5210or the Bureau at (916) 574-7870.

Legal Requirements

… A person, prior to his or her death.

… The Person Authorized to Direct Disposition (PADD) on a U.S. Department of Defense Record of Emergency Data (DD Form 93) as that form existed on December 31, 2011, or its successor form.

… An agent under a California power of attorney for healthcare.

… The surviving competent spouse or registered domestic partner.

… The surviving competent adult child or the majority of the surviving competent adult children.

… The surviving competent parent or parents.

… The surviving competent adult sibling or the majority of the surviving competent adult siblings.

… The surviving competent adult or the majority of the surviving competent adults in the next degree of kinship.

… A conservator of the person appointed under Part3 (commencing with Section 1800) of Division 4 of the Probate Code when the decedent has sufficient assets.

… A conservator of the estate appointed under Part3 (commencing with Section 1800) of Division 4 of the Probate Code when the decedent has sufficient assets.

… The public administrator when the decedent has sufficient assets.

1)  The written directions are clear and complete; and

2)  Arrangements for payment of final services via trusts, insurance, commitments by others, or any other means have been made which precludes the payment of money by the survivors(s) who might otherwise have the right to control disposition

… Instead of giving written instructions, a person may give the right and duty of disposition to a PADD (if an active duty member of the U.S. Armed Forces) or to an agent under a power of attorney for healthcare or an advance health care directive. This agent will have the full right to act and control the decedent's disposition unless the power of attorney or an advance health care directive limits or removes that right or ceases upon death.

… In the absence of written instructions, a PADD,an advance health care directive, or power of attorney for health care, the right and duty of disposition moves next to a surviving competent spouse or registered domestic partner. To be considered a registered domestic partner in California, a person must have filed a Declaration of Domestic Partnership with the Secretary of State under Family Law Code section 297.

… In the absence of the above documents and people, the right and duty of disposition would fall to the surviving competent adult child or the majority of the surviving competent adult children, then the competent parent or parents, then the competent adult sibling or the majority of the surviving competent adult siblings, and then the competent adult or the majority of the surviving competent adults in the next degree of kinship, followed by conservator of person, conservator of estate, or public administrator.

… Helping you plan the funeral;

… Making arrangements with a cemetery or crematory(or other funeral establishment if the body will be shipped out of the area);

… Obtaining the death certificate and other required permits;

… Submitting the obituary and "unallocated overhead," which includes taxes, insurance, advertising, and other business expenses.  The funeral establishment may require you to pay this fee in addition to the specific funeral goods and services you select.

… Make arrangements directly with the cemetery or crematory.

Deciding in Advance

Burial

 If you choose traditional burial of the body or cremated remains, you will need to purchase a cemetery plot unless you are eligible for burial at no cost in a veterans cemetery. Prices may vary widely among cemeteries and among different locations in the same cemetery. There is also a fee for opening and closing the grave, and you will probably be required to buy an outer burial container if the cemetery requires one. In addition, you will need to pay an endowment care fee for cemetery maintenance and groundskeeping.

Cremation

 California law requires written acknowledgment of the following disclosure when cremation is to take place:

… Placement in a columbarium or mausoleum - There may be additional charges for endowment care, opening or closing, recording,flower vase, and nameplate.

… Burial in a plot in a cemetery - There may be additional charges for endowment care, opening or closing, recording, outer burial container, flower vase, and marker.

… Retention at a residence - The funeral establishment or crematory will have you sign a Permit for Disposition showing that the remains were released to you and will file it with the local registrar of births and deaths. You may not remove the cremated remains from the container and you must arrange for their disposition upon your death.

… Storing in a house of worship or religious shrine if local zoning laws allow.

… Scattering in areas of the State where no local prohibition exists and with written permission of the property owner or governing agency. The cremated remains must be removed from the container and scattered in a manner so they are not distinguishable to the public.

… Scattering in a cemetery scattering garden.

… Scattering at sea, at least 500 yards from shore.This also includes inland navigable waters, except for lakes and streams.

Cremated remains may not be transported without a permit from the county health department and they may not be disposed of in refuse.

 Scattering

State law requires cremated remains disposers who scatter by air or boat to post copies of their current pilot or boating licenses and the addresses of their cremated remains storage areas at their place of business. The law also requires disposers to conduct scatterings within 60 days of receiving the remains, unless the person with the right to control disposition is notified in writing of the reason for the delay.

Special Circumstances

General Price List Requirements

 A sample General Price List (GPL) is included in the booklet Complying with the Funeral Rule, which is available from the Federal Trade Commission. In addition,you may wish to compare GPLs from several funeral establishments in your area.Although additional services may be included, at a minimum, the GPL must include the price of each of the following basic services provided by the funeral establishment, along with the date the prices are effective and a description of the services:

Forwarding remains to another funeral establishment— May include embalming, removal of remains, minimum service of staff,necessary authorizations, and local transportation.

Receiving remains from another funeral establishment — May include minimum service of staff and transportation of remains to funeral establishment.

Direct cremation — May include basic services of funeral director and staff, a proportionate share of overhead costs, removal of remains, necessary authorizations, and cremation.

(NOTE:Be sure to ask if the price for direct cremation includes the cost of the cremation itself and the cost of storing the body.)

Immediate burial — May include basic services of funeral director and staff , a proportionate share of overhead costs, removal of remains, and local transportation to cemetery.

Basic services of funeral director and staff, including overhead.

Transfer of remains to funeral establishment— A flat fee may apply weekdays, nights, weekends, and holidays within a specific area, with mileage charges for transportation outside the area.

Embalming — Must include the following statement: "Except in certain special cases, embalming is not required bylaw. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial."

Other preparation of the body —Services may be priced individually and may include dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, and reconstruction/restorative arts.

… Use of facilities and staff for viewing.

… Use of facilities and staff for funeral ceremony.

… Use of facilities and staff for memorial service.

… Use of equipment and staff for graveside service.

… Hearse.

… Limousine.

… The range of casket prices that appear on the Casket Price List, including the price range for adult caskets, infant/child caskets,

rental caskets, and alternative containers.

… Either individual outer burial container prices or the range of outer burial container prices if the funeral establishment sells them.

Preneed agreements —A statement, on the first page, separate and apart from other information, that a person making funeral arrangements for a deceased person may receive, prior to the drafting of any contract, a copy of any signed preneed agreement paid for in full or in part, that the funeral establishment has in its possession.

Complaints

Glossary of Terms

 Casket/Coffin — A box or chest for burying human remains.

Cemetery Property — A grave, crypt, niche, or defined area for scattering cremated remains.

Cemetery Services — Opening and closing graves,crypts, or niches; setting grave liners and vaults; setting markers; and long-term maintenance of cemetery grounds and facilities.

Cemetery Maintenance Standards — Establishes the minimum standards necessary to prevent the offensive deterioration of an endowment care cemetery licensed by the Bureau. Cemeteries must follow a minimum list of items(exception provided to certain items for natural condition sections), or may choose to incorporate those items into their rules and regulations. Cemeteries must provide consumers with a written copy of their maintenance standards upon request.

Columbarium — A structure with niches(small spaces) for placement of cremated remains in urns or other approved containers. It may be outdoors or part of a mausoleum.

Cremation — Exposing human remains and the container holding them to extreme heat and flame and processing the resulting bone fragments to a uniform size and consistency.

Crypt — A space in a mausoleum or other building to hold cremated or whole human remains.

Disposition — The placement of cremated or whole human remains in their final resting place. A Permit for Disposition must be filed with the local registrar before disposition can take place.

Endowment Care Fund — Money collected from cemetery property purchasers and placed in trust for the maintenance and upkeep of the cemetery. The State monitors the fund and establishes the minimum amount that must be collected. However, the cemetery is permitted to collect more than the minimum to build the fund. Only the interest earned by such funds may be used for the care, maintenance, and embellishment of the cemetery.

Entombment — Burial in a mausoleum.

Fraternal Cemetery — A cemetery regulated by the Bureau that is owned, operated, controlled, or managed by any fraternal organization in which the sale of cemetery space is restricted principally to its members.

Funeral Ceremony — A service commemorating the deceased with the body present.

Funeral Services — Services provided by a funeral director and staff, which may include consulting with the family on funeral planning; transportation, shelter, refrigeration, and embalming of remains; preparing and filing notices; obtaining authorizations and permits;and coordinating with the cemetery, crematory, or other third parties.

Funeral Consumer Organization — See Memorial Society.

Grave — A space in the ground in a cemetery for the burial of human remains.

Grave Liner or Outer Container — A concrete cover that fits over a casket in a grave. Some liners cover tops and sides of the casket. Other liners (vaults) completely enclose the casket. Grave liners minimize ground settling on the cemetery grounds.

Graveside Service — A service to commemorate the deceased held at the cemetery prior to burial.

Interment — Burial in the ground, entombment,or in the case of cremated remains, inurnment or scattering in a cemetery.

Inurnment — The placing of cremated remains in an urn.

Mausoleum — A building in which human remains are interred (entombed).

Memorial Service — A ceremony commemorating the deceased without the body present.

Memorial Society — A nonprofit organization that provides information about funerals and disposition but is not part of the State-regulated funeral industry. May also be called a funeral consumer alliance.

Niche — A space in a columbarium, mausoleum, or niche wall to hold an urn.

Private Cemetery — A cemetery regulated by the Bureau which is described as a burial park for earth interments or a mausoleum for crypt or vault interments and is owned and operated by a private corporation.

Public Administrator — The local governing body with jurisdiction over the assets of the deceased when there are no known next-of-kin or where the deceased is indigent.

Scattering Urn — A closed container containing cremated remains that will dissolve and release its contents within four hours of being placed at sea.

Urn — A container to hold cremated human remains. It can be placed in a columbarium or mausoleum, or it can be buried in the ground.

Vault — A grave liner that completely encloses a casket.