Funerals

Funeral services are often purchased without any real planning, comparison of prices, or knowledge of the  options. This section will point out some of the options and legal rights involved in funeral and burial arrangements. At the end of this section, other sources of information and help are listed.

Pre-planning

In order to avoid having important funeral decisions made at a time of grief and vulnerability, it makes sense to plan in advance. Talk openly with family members and friends, so that they may know your wishes and you may learn theirs. Funeral directors are required to have written price lists. Ask to take a list home so that you have time to review your options. Review the materials with family members and put your wishes in writing. You may also compare prices by phone, since the law requires funeral homes to give out price information over the phone. Some funeral providers may offer packages of services at a discount to the itemized total, but when you arrange for a funeral, you also have the right to buy individual goods and services. Before you accept a package, make sure that it does not include items that you do not want. If the law requires you to buy any particular item, the funeral provider must disclose it on the price list and reference the specific law.

Caskets

The casket is the movable container in which the deceased may be displayed and then buried. Casket prices can vary greatly, so comparison shopping is very important. The funeral provider may not refuse, or charge a fee, to handle a casket you bought from a third party. You can buy a casket from another party and have it shipped directly to the funeral home, so compare prices. Funeral directors must make casket price lists available before taking you to a casket display room. If you look at the caskets on display but do not see the ones from the written price lists that are affordable to you, make sure to ask. “Protective,” “sealed,” or “gasketed” caskets may have features that are designed to delay penetration of water into the casket or prevent rust. These features do not preserve remains indefinitely and may unnecessarily add significantly to the price of the casket. You should also note the purchase of a casket may not be necessary with some forms of funerals. See the section on cremation below.

Vaults and Grave Liners

Burial vaults and grave liners are underground containers into which a casket is placed. Neither grave liners nor burial vaults are designed to prevent the decomposition of human remains. A burial vault is generally more substantial and expensive than a grave liner. Although not required by law, a particular cemetery may require such containers to avoid having the ground above settle. Make sure and find out whether the cemetery you are considering requires these containers and, if it does, compare costs. Vaults and grave liner price lists must be made available on the same basis as casket price lists. It may be less expensive to buy an outer burial container from a third-party dealer rather than the funeral home or cemetery.

Embalming

Embalming is the process of replacing normal body fluids with chemicals to preserve the body until burial or cremation. Embalming costs must be set forth on the general price list provided by the funeral home. In Iowa, embalming is not required by law if the burial takes place within 72 hours of death. (Some exceptions to the rule exist, requiring embalmers to transport the body by common carrier, or if the death was the result of certain contagious diseases.)

Cremation

Cremation is the process of reducing a body to ashes through exposure to extreme heat. The ashes are then placed in an urn, which may be buried in a cemetery or may be taken home and kept by a loved one. Your funeral director may also be aware of other disposition choices. Iowa law permits scattering the ashes on the ground, although local ordinances or cemetery rules should be checked before doing so since local law may restrict such scattering. A casket is not necessary for cremation, although a simple container in some form, such as an unfinished wooden box or a canvas covering, can be used. Funeral providers must disclose that you have a right to buy an unfinished wood box or other alternative container for direct cremation and must make these inexpensive alternatives available. Likewise, embalming is not required for cremation. Compare costs for yourself, but cremation will often be less costly than the alternatives.

Finalizing Arrangements

If you work out arrangements with a funeral director, the director must provide you with an item-by-item list of the goods and services you selected, with the price of each item set forth. The list must include any cash advance items, that is, any services for which the funeral home makes a direct cash payment to someone else (for example, to a minister or to an organist). Make sure you know whether you have the option to decline some services that are part of “package deals.” Ask about and compare the basic services fee, which may include services such as filing death certificates and coordinating plans with third parties such as the cemetery or crematory. Finally, the price list must include a total price of all goods and services being purchased.

“Pre-Need” Funeral Arrangements

Funeral homes and cemeteries often sell “pre-need” funeral merchandise or arrangements. The customer selects the various features of the funeral and the disposition of his or her body and signs a contract to pay for it in advance. Iowa law provides certain protections to make sure that the services or merchandise purchased in advance will be there at the time of death. Be aware that with such pre-need contracts, you have three days after signing the contract to change your mind and cancel it without penalty. While pre-need arrangements permit you to exercise control over matters, and thus may keep bereaved family members from going overboard and incurring burdensome debts, there may be disadvantages as well. You should talk about your decision with family and friends, and make sure to consider the following points:

Assistance with Burial Costs

The following organizations may provide help with expenses associated with death or may provide benefits to help the survivors: Social Security Administration; Veterans Administration; Iowa Department of Health and Human Services; and the County General Relief Offices.

Gift of Body to Medical Institution

Another alternative to burial and cremation is the gift of your body to a medical institution. If you choose this option, keep in mind that your body must be both needed and acceptable for the donation to become a reality. In order to give your body to a medical institution, you must first obtain all the details from the institution to which the gift would be made. The University of Iowa and Des Moines University have deeded body programs. For more information you may contact:

Deeded Body Program
Department of Anatomy & Cell Biology
51 Newton Road
100 Bowen Science Building
University of Iowa
Iowa City, IA 52242
(319) 335-7762

Des Moines University Body Donor Program
Department of Anatomy
3200 Grand Avenue
Des Moines, IA 50312
515-271-1481
bodydonor@dmu.edu

Gift of Organs, Tissues & Eyes

Contact the Iowa Donor Network at 800-831-4131 or visit www.iowadonornetwork.org or contact@iadn.org

Other Sources of Help

For further discussion of the subject, you can read Iowa Legal Aid’s helpful information online at www.iowalegalaid.org. If you feel you have been the victim of any unfair or deceptive practices in connection with funeral or burial arrangements, contact the Iowa Insurance Division Securities & Regulated Industries Bureau at (515) 654-6600.