Funeral Planning Guide A Planning Guide to Assist My Family First Trinity Lutheran Church 309 E Street NW Washington, DC 20001 202-73704859 www.firsttrinitydc.org Table of Contents Pages General Information Ways to Give (Lutheran Planned Giving Consortium) General Power of Attorney (Sample) Advance Health Care Directive What is a Will What is a Trust Health Care Directives Sample Forms Living Will Advance Directives Part A Advance Directives Part B Basic Will (sample) Donating your Body (Sample form Georgetown Medical Center) What about Cremation? Steps to take When Death Occurs My Funeral/Memorial Service Scripture Readings Hymns Obituaries and Death Notices Post Funeral Tasks Resources Funeral Guide (Washington Consumer Checkbook) Consumer Guide to Funerals (Federal Trade Commission) Glossary of Terms Page -1- 1 3-5 6-8 9-12 13 14 15 15-16 17-18 18-20 21-24 25-32 33-35 36-38 39-43 44-47 48-50 51-52 53-58 59-66 67-77 68-79 General Information As Christians, we can look forward with joy and anticipation to the day when our Lord will call us home to Himself in heaven. We can know for certain that heaven is ours through faith in Christ’s atonement for our sins on the cross. Thus, we are most certainly “spiritually” prepared for our death. Unfortunately, many people are not prepared for their death in terms of the preparations that are necessary for the funeral and its arrangements. This little booklet will help you consider these details and provide you with a means of sharing that information with your loved ones, your pastor, and the funeral provider of your choice. In fact, it is good for you to give a copy of this booklet, with the necessary information to your pastor, your funeral provider, and several family members and friends of your choice. Planning now for your funeral is important. We make plans for many things in life. Some we are never able to do. Yet death and burial are inevitable, and thus it is crucial that we also plan for it. Planning does not hasten the event. .Funeral pre-planning is necessary, first of all, as a means to let your wishes be known to all concerned. Secondly, pre-planning your funeral enables you to give expression to your faith through choosing and ordering what is to take place. Also, it eases the burden on your loved ones by eliminating the pressure of decision-making, particularly the need of trying to do things “the way you would have wished.” By writing them down, the possibility is gone that your loved ones, because of their grief, may forget your desires. Finally, pre-planning will give you a certain amount of peace, knowing that your affairs are in order. Consider discussing your plans with your pastor and your funeral director. You will want not only their assurance that your plans are appropriate, but also their cooperation in respecting them at your death. If at all possible, discuss these plans with your loved ones. Allow them to participate in the planning and express their thoughts. This brings the subject out into the open and provides loved ones with an opportunity to openly share their love and sorrow--best shared now, rather than after a death occurs. Please bear in mind that the more complex and complete your plans become, the more tentative they must be. The events surrounding your death, or events that may occur between now and the time of your death, may necessitate changes. Therefore, from time to time, every several years, the plans in this booklet may need to be updated. As you consider your death, burial and life everlasting, may the Lord bless you. This booklet is not legally binding or enforceable. Information given to the Pastors will be sealed in an envelope and placed in the safe at First Trinity Lutheran Church, Washington, D.C. 20001, for safekeeping. First Trinity is not obligated or responsible for the execution of these instructions. Page -2- Welcome to the Lutheran Planned Giving Consortium The Lutheran Planned Giving Consortium is a partnership linking the Evangelical Lutheran Church in America Foundation and seven ministry expressions located in the Metropolitan Washington DC Synod. Our mission is to offer assistance to members of congregations in the synod that have a desire to support the work of the LPGC partners, and other ministries of the church, with planned gifts. Our Executive Director, Alice Benson, MBA, CFRE , is available at no cost for consultation and, through the services of the ELCA Foundation, can provide information and assistance that will enable planned gifts to be made. She also is available as a resource to congregations of the synod that are considering the establishment of a Mission Endowment Fund or desire assistance in promoting existing Mission Endowment Funds. A priority for most people as they consider their estate planning is to care for family and loved ones. To provide for those you love is to practice good stewardship. The Lutheran Planned Giving Consortium will work with you to help you make appropriate provision for family and others and also provide for the support of ministries that are important to you. In considering those provisions, we may also help you discover ways to receive favorable tax treatment because of your generosity. Contact Information Alice Benson, MBA, CFRE Executive Director Lutheran Planned Giving Consortium Lutheran Planned Giving Consortium 6 Sioux Court Gaithersburg, MD 20878 Telephone 301-963-6570 Fax 301-963-6572 Electronic Mail [email protected] Page -3- Many Ways to Give The many ways to give and the life income plans described below are best understood with specific personalized information. Please contact us to receive a no-obligation illustration of the plan that appears most appropriate for you. The following charitable ways to give and charitable life income plans are available through and encouraged by the Lutheran Planned Giving Consortium. BEQUEST: The most common of all deferred giving plans. Please make sure you have a will for the sake of your loved ones. Bequests may be made in your will using a percentage, a specific amount, a specific property, or the residual of your estate. PRE-TAX RETIREMENT PLANS: Qualified Retirement Plans (or QRPs) are great ways to save for retirement. Accumulations build up tax-free until you need them for retirement. But when you go to take the money out – or worse yet, try to pass the accumulated value on to your heirs – your qualified plan can become an “IRA –an Internal Revenue Account.” Qualified Retirement Plans are great vehicles for making charitable gifts. It’s quite possible that by using your qualified retirement plan to make a significant gift, your favorite ELCA ministry can actually be leaving more of your estate to your heirs and less to estate taxes. You haven’t ever paid taxes on funds in your 401(k) or other tax-deferred retirement plan. This means, any person you leave it to will have to pay taxes on this income (not estate tax – income tax). If you plan to leave a gift for ministries, you can receive the beneficiary designation form from your plan administrator (usually it’s on their website) and leave whatever percent you want to ministries you love, rather than from funds that have already been taxed. This helps your money go further to where you want it to go. Your spouse will need to sign the form, and it should be notarized. LIFE INSURANCE GIFT: The easiest way for you to make a gift of life insurance is to include a percentage to your favorite ministry choice as part of the primary beneficiary designation. Ask your insurance representative for help. You can also make substantial gifts to your favorite ministry by purchasing a new policy or transferring ownership of an existing policy that you no longer need. You can transfer the policy to make the Evangelical Lutheran Church in America or an LPGC partner the owner and irrevocable beneficiary. After you have done that, premiums paid by you to continue coverage are tax deductible if you itemize your tax deductions. GIFTS OF STOCK: When you give appreciated stock which you have owned for at least 12 months to ministry, you by-pass capital gains tax and receive an income tax deduction if you itemize. When you use the services of the ELCA Foundation to give stock to your congregation or other ELCA ministries, you pay a reduced fee on the stock transfer and sale, thereby maximizing your gift. Page -4- CHARITABLE GIFT ANNUITY: You make an irrevocable gift of at least $1,000 cash or marketable securities for a Lutheran Planned Giving ministry of your choice. In return, you receive an agreement that the ELCA will pay income back to you (one life) or you and your spouse (two lives). The older you are when you make the gift, the higher the rate is you receive back. You receive an income tax deduction now if you itemize deductions, and part of the payments you receive are tax-free. You select the charitable beneficiaries to receive the remainder of the annuity at the death of the final individual income beneficiary. (Go to http://www.elca.org/fo/annuity.html for more information about Charitable Gift Annuities.) DEFERRED PAYMENT CHARITABLE GIFT ANNUITY: You make a gift of at least $1,000 cash or marketable securities for an LPGC partner of your choice. In return, you receive an agreement that the ELCA will pay income back to you (one life) or you and your spouse (two lives). The payments are deferred to start at a later date, such as retirement. This is an especially good tool for retirement planning, as there is no limit to the amount of the gifts that may be made into this type of plan. You receive a current income tax deduction now to be used if you itemize deductions. You select the charitable beneficiaries that will receive the remainder of the principal at the death of the final income beneficiary. CHARITABLE REMAINDER TRUST: You make an irrevocable gift of $100,000 or more of cash, real estate, or marketable securities into a charitable remainder trust. Individual income beneficiaries receive a faxed percent of the trust's value each year. This is particularly appropriate for gifts of highly appreciated assets because of the bypass of capital gains. You receive a current income tax deduction now to be used if you itemize deductions. You select the charitable beneficiaries that will receive the remainder of the trust at the death of the final individual income beneficiary. You can make additional gifts. CHARITABLE LIFE ESTATE AGREEMENT: You may irrevocably deed your ownership in your mortgage-free residence to the ELCA. You will receive a charitable income tax deduction for the fair market future value of the home if you itemize deductions. You will be responsible for the upkeep and well-being of the residence while you continue to live there. When you die or no longer wish to live in the residence, the ELCA Foundation will sell the property, and the proceeds will go to the charitable beneficiaries you selected. There is no income generated by this gift. TESTAMENTARY CHARITABLE REMAINDER TRUST: You can set up a trust during your life and fund it upon your death, thus you don’t receive any tax benefits during your lifetime. You can designate funds (minimum of $100,000) from your estate or qualified retirement plan to set up a testamentary charitable remainder trust for individual income beneficiaries of your choosing, who will receive a guaranteed percentage. This plan can help with your estate taxes. The charitable beneficiaries you select will receive the remainder at the conclusion of the trust period. PAYABLE ON DEATH: You tell your financial institution where you would like your assets to go (IRA's, CD's, TSA's, TDA's, employee savings plans, etc.) upon your death. You can list a favorite ministry to receive a portion. Page -5- GENERAL POWER OF ATTORNEY (Sample Form) NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I, _____________________________ [YOUR FULL LEGAL NAME], residing at _________________________________________________________________________________ __ [YOUR FULL ADDRESS], hereby appoint ___________________________________ of _________________________, _________________________, ___________________________________, as my Attorney-in-Fact ("Agent"). If my Agent is unable to serve for any reason, I designate ___________________________________, of _________________________, _________________________, _________________________ __________, as my successor Agent. I hereby revoke any and all general powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me. My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to: 1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions. a. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity. b. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. (Power of Attorney Form Page 1) c. Have access to any safe deposit box that I might own, including its contents. 2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income producing or non-income producing assets and property. 3. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person. 4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity. 5. Enter into binding contracts on my behalf. 6. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments. Page -6- 7. Maintain and/or operate any business that I may own. 8. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents. 9. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future. 10. Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to: a. Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies. b. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters). c. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits). 11. Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving. However, my Agent may not make gifts of my property to the Agent. I appoint ___________________________________, of _________________________, _________________________, _________________________ __________, as my substitute Agent for the sole purpose of making gifts of my property to my Agent, as appropriate. 12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. 13. Disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner. Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent. My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document. (Power of Attorney Form Page 2) Page -7- My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney. My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf. This Power of Attorney shall become effective immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent. Dated ____________________, 20____ at _________________________, _________________________. YOUR SIGNATURE:_________________________________ YOUR PRINTED FULL LEGAL NAME: __________________________________ WITNESS' SIGNATURE: WITNESS' SIGNATURE: __________________________________ __________________________________ WITNESS' PRINTED FULL LEGAL NAME: WITNESS' PRINTED FULL LEGAL NAME: __________________________________ Acknowledgement: __________________________________ STATE OF _________________________ COUNTY OF _______________________ The foregoing instrument was acknowledged before me this _____ day of ____________________, 20____ by _____________________________ [YOUR FULL LEGAL NAME], who is personally known to me or who has produced ________________________________ as identification. _________________________________ Signature of person taking acknowledgment _________________________________ Name typed, printed, or stamped _________________________________ Title or rank _________________________________ Serial number (if applicable) (Power of attorney page 3) Page -8- What is an Advance Health Care Directive? An Advance Health Care Directive, sometimes referred to as a "Living Will", is a written document declaring the type and extent of medical care you desire in the event that you become incapacitated. An Advance Health Care Directive is the best way to make your medical and health care wishes known and to insure that those wishes are followed, including directions regarding the use of lifeprolonging equipment and procedures. By completing an Advance Health Care Directive form, the law, in essence, allows you to have a say regarding your medical care wishes when you are otherwise not able to speak and make the same known. Without an Advance Health Care Directive, your family may act on their own accord rather than yours, i.e., you may not want to prolong your life if it means being completely incapacitated and kept alive by means of a respirator, etc. Your doctors are required to follow the written instructions contained in your Advance Health Care Directive. Likewise, any person that may be designated as your Health Care Agent or "proxy" is also required to follow your written instructions. Do I need a lawyer to complete an Advance Health Care Directive? A lawyer is not required to help you complete your Advance Health Care Directive form. It is a fairly simple form that can be completed by just about anyone. However, you should seek the advice of an attorney and have a Will prepared if your intent is to provide for your personal property, finances, and the care of your children. If you have already had an attorney draft a Will for you, you should send a copy of your Advance Health Care Directive to them so that they will have a copy on file. How long is my Advance Health Care Directive good for? Your Advance Health Care Directive is valid forever, unless it contains a predetermined expiration date or it is specifically revoked by you in writing. Your Advance Care Directive should be reviewed from time-to-time to insure it accurately reflects your current wishes. Is my Advance Health Care Directive valid in another state? An Advance Health Care Directive that meets the requirements of your home state may not meet the requirements of other states. However, most states will recognize a properly completed Advance Health Care Directive that is legally executed in another state. If you have a dual residency or spend a lot of time in another state, you may wish to consider having your Advance Health Care Directive meet the laws of both states to the extent possible. Page -9- What should I do with my Advance Health Care Directive once I have completed it? You should make sure that your Advance Health Care Directive has been properly signed, dated, and preferrably notarized and witnessed by two adults, each of whom should NOT be a person who is also designated as your Health Care Agent, if any is appointed, to avoid an appearance of coersion. Keep the original with the rest of your important papers and in a location where your family can find it in case of an emergency. Safe deposit boxes are NOT a good place to keep your Advance Health Care Directive because your family will not have access to the box without a court order, which may take time to obtain. If someone else has authorized access to your safe deposit box, you may placed a copy of your Advance Health Care Directive in your box together with a note of where the original may be found. You may also register it online with the U.S. Living Will Registry, so that family members may have easy access to it. Give copies of your completed Advance Health Care Directive form to your family, your doctors, health care providers, your appointed Health Care Agent, if any is appointed, and anyone else who is likely to be called if you experience a medical emergency. You should instruct these people to present a copy of the form to any hospital, health care provider, or medical personnel upon demand. If you anticipate surgery or hospitalization, you should bring a copy of your Advance Health Care Directive with and give it the hospital admittance personnel. A copy of your Advance Health Care Directive, rather than the original, may be relied upon by your doctors in most instances. Before you begin giving your Advance Health Care Directive to your family, doctors and others, as mentioned above, you should first create a list of people who you intend on giving it to, including their addresses and telephone numbers. Attach this list to the original for safe keeping. Should you ever decide to change or revoke your Advance Health Care Directive, you will need to know who you gave previous directives to so not to cause confusion in a time of need or in case of an emergency. Anyone who subsequently receives your Advance Health Care Directive should be added to your list. Can I revoke my Advance Health Care Directive? You are free to revoke your Advance Health Care Directive at any time. To revoke the entire form, including the appointment of any Health Care Agent, you must inform both your doctor and health care provider so that they are fully aware of your decision. You should do this, in writing, as soon as possible after revoking your Advance Health Care Directive. You should also send notice of your decision to everyone on the list you created of people who have received a copy of your Advance Health Care Directive. What is a Health Care Agent? A Health Care Agent is someone that you can appoint to act on your behalf to see that your Advance Health Care Directive is made known to your doctors and health care providers, and more importantly the Health Care Agent is the person who is entrusted to see that your health care instructions are followed. Appointing someone as your Health Care Agent has the same effect as giving them a limited Power of Attorney over your medical affairs (sometimes referred to as a Page -10- "Durable Health Care Power of Attorney." The term "durable" means that your designated Health Care Agent will have power to act even if you become disabled). Many states do not require that you appoint a Health Care Agent. If a Health Care Agent is required or recommended in your home state, the forms below will contain such the terminology to effect such an appointment. Anyone over the age of 18, who is not your doctor or health care provider, may be appointed as your Health Care Agent. You can choose a family member such as your spouse or an adult child, a close friend, or someone else you trust. You can also appoint one or more "alternate agents" in the event that the person you selected as your primary Health Care Agent is unavailable or unwilling to make a decision. You should talk to the people you plan to appoint as your Health Care Agent to insure that they understand your medical and health care wishes, and agree to accept this responsibility. Your Health Care Agent is immune from liability so long as he or she acts in good faith. This is sometimes an important consideration for Health Care Agents who are not related to you. How much authority will my designated Health Care Agent have? If you become incapacitated and are unable to make your own health care decisions, your designated Health Care Agent will have the legal authority to speak for you regarding your health care matters. Doctors and other health care professionals will look to your Health Care Agent for decisions rather than your next of kin or any other person. Your Health Care Agent will be able to accept or refuse medical treatment on your behalf, have access to all of your medical records, as well as make decisions about donating your organs, authorizing an autopsy, and disposing of your body in the event of your death. If you do not want your Health Care Agent to make certain decisions or have certain powers, you can limit their authority in your Advance Health Care Directive form. By law, your Health Care Agent cannot authorize convulsive treatment, i.e., electroconvulsive therapy or ECT, psychosurgery, sterilization, abortion, or placement in a mental health treatment facility. Your Health Care Agent has no authority to act on your behalf or to make decisions for you until such time as you become incapacitated and are unable to make those decisions yourself. However, you can allow your Health Care Agent to make those decisions for you immediately if you so choose. This would need to be specifically requested in your Advance Health Care Directive. When you become incapacitated, your Health Care Agent is required to make decisions that are consistent with any instructions you have set forth in your Advance Health Care Directive form. They are free to dismiss demands and recommendations made by family members, friends, and even your doctor. If you have not made your wishes known, your Health Care Agent will be left to decide what is in your best interest. Will my designated Health Care Agent be liable for my medical bills? Your designated Health Care Agent is not responsible for your medical bills unless that person would otherwise be responsible for your debts, i.e., your spouse, your guardian, etc. An Advance Health Care Directive deals only with medical decisions relating to your health care and has no effect on the financial responsibility for the same. However, unless you have made other arrangements such as with a Will and how your expenses are to be paid, your Health Care Agent could become responsible for the disposition of your body, and the costs associated therewith, in the event of your death. This is because companies cannot contract with deceased individuals. Page -11- Can I change my Advance Health Care Directive or designate a new Agent? You can complete a new Advance Health Care Directive at any time. By doing so, all previous Advance Health Care Directives made by you will be deemed to have been revoked. You also need to inform your family, doctors, health care providers, and anyone else on your list who received a copy of your previous Advance Health Care Directive so that they are fully aware of your new directive. You should do this as soon as possible after creating any new Advance Health Care Directive. You should consider reviewing your Advance Health Care Directive upon divorce or the death of your spouse, or upon other events where anyone mentioned in your Advance Health Care Directive becomes estranged from you or incapacitated themselves. Witness Requirements, Restrictions and Governing Statutes The specific terms used to describe a person's health care directive varies from state to state. Some states refer to it as a Health Care Proxy and others refer to it as a Durable Power of Attorney for Health Care, and still some states use a joint document containing both a Living Will and a health care directive. The name variations are many. Because the witness requirements also vary from state to state and document to document, i.e., one witness may be required for a Living Will but two required for a healthcare proxy, the guideline below uses the maximum number of witnesses needed so as to err on the side of caution. To avoid any possible conflicts, all witnesses should be adults, not a relation by blood, marriage or adoption, not your doctor or healthcare provider, and not the person to whom the directive designates as the person responsible for your healthcare if you become incapacitated. Page -12- What is a Will? A will is a written or oral communication by a person stating how they want their property disposed of at death. Different Types of Wills There are several different types of wills one can use to dispose of his or her estate: Self-proving will – A will that has been witnessed and signed with all of the formalities required by state law. This is the most common will. Holographic will – A will that is handwritten without the presence of witnesses. Very few states recognize these types of wills, and only in limited, specific circumstances. Oral will – This type of will is an unwritten disposition of property, whereby the individual orally communicates his or her wishes. Oral wills are only recognized in a few states and usually only in compelling situations. Requirements for a Will There are several requirements for a will: Be of sound mind – This means that you must: Be at least 18 years old or an emancipated minor Know what a will is Know that you are making a will Understand your relationship between yourself and the people who care for you (i.e. immediate family members, including spouse and family). Expressly state that this document is your will Sign and date the will Signed ("attested") by at least two or three witnesses – The number of required witnesses depends on state law. In addition, most states require that the witnesses be unrelated to you. Have one substantive provision that: Appoints a guardian for any minor children Lists who inherits specific items States what happens to remaining property not specifically mentioned in the will Appoint an executor Responsible for supervising the distribution of property Makes sure that all your debts and taxes are paid Page -13- What is a Trust? A trust is a legal property interest held by one person (trustee) for the benefit of another (beneficiary). Different Types of Trusts There are several different types of trusts one can create: Living trust – A trust that is created while you are alive. A living trust allows the trustee and beneficiary to avoid the probate process. Testamentary trust – A trust established through a will. A testamentary trust generally must go through probate. Revocable trust – A trust that can be terminated at any time by the grantor for any reason. Irrevocable trust – A trust that cannot be changed or terminated for any reason. Requirements for a Trust Creating a trust is a relatively simple process. All that you must do is fill out a: Valid Declaration of Trust form Sign over the required deeds for property such as homes and automobiles that will be included in the trust Advantages of a Trust Property in a living trust does not go through probate The trust document is never made public like a will You can name alternative beneficiaries to inherit property if a primary beneficiary dies before you do Allows others to handle your assets when you are not able to Do I Need an Attorney to Draft a Will or Trust? If you choose to create a will or trust, consulting with an attorney experienced in estate planning is always a wise thing to do. The potential tax implications and legal formalities of will and trust drafting make a lawyer's counsel indispensable. A lawyer can explain all your options and help you understand what types of wills or trusts are right for you and your family. Page -14- Health Care Decision Making Forms (sample for Sate of Maryland) The following forms allow you to make some decisions about future health care issues. Form I, called a "Living Will", allows you to make decisions about life-sustaining procedures if, in the future, your death from a terminal condition is imminent despite the application of life-sustaining procedures or you are in a persistent vegetative state. Form II, called an "Advance Directive", allows you to select a health care agent, give health care instructions, or both. If you use the advance directive, you can make decisions about life-sustaining procedures in the event of terminal condition, persistent vegetative state, or end-stage condition. You can also use the advance directive to make any other health care decisions. These forms are intended to be guides. You can use one form or both, and you may complete all or only part of the forms that you use. Different forms may also be used. Please note: if you decide to select a health care agent that person may not be a witness to your advance directive. Also, at least one of your witnesses may not be a person who may financially benefit by reason of your death. Form I Living Will (Optional Form) If I am not able to make an informed decision regarding my health care, I direct my health care providers to follow my instructions as set forth below. (Initial those statements you wish to be included in the document and cross through those statements which do not apply.) a. If my death from a terminal condition is imminent and even if life-sustaining procedures are used there is no reasonable expectation of my recovery _____ I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. _____ I direct that my life not be extended by life-sustaining procedures, except that, if I am unable to take food by mouth, I wish to receive nutrition and hydration artificially. _____ I direct that, even in a terminal condition, I be given all available medical treatment in accordance with accepted health care standards. b. If I am in a persistent vegetative state, that is if I am not conscious and am not aware of my environment nor able to interact with others, and there is no reasonable expectation of my recovery within a medically appropriate period _____ I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. _____ I direct that my life not be extended by life-sustaining procedures, except that if I am unable to take in food by mouth, I wish to receive nutrition and hydration artificially. Page -15- _____ I direct that I be given all available medical treatment in accordance with accepted health care standards. c. If I am pregnant my agent shall follow these specific instructions: _______________ d. Upon my death, I wish to donate: _____ Any needed organs, tissues, or eyes. _____ Only the following organs, tissues, or eyes: _______________ I authorize the use of my organs, tissues, or eyes: _____ For transplantation _____ For therapy _____ For research _____ For medical education _____ For any purpose authorized by law. I understand that before any vital organ, tissue, or eye may be removed for transplantation, I must be pronounced dead. After death, I direct that all support measures be continued to maintain the viability for transplantation of my organs, tissues, and eyes until organ, tissue, and eye recovery has been completed. I understand that my estate will not be charged for any costs associated with my decision to donate my organs, tissues, or eyes or the actual disposition of my organs, tissues, or eyes. By signing below, I indicate that I am emotionally and mentally competent to make this living will and that I understand its purpose and effect. ______ (Date) ________________________ (Signature of Declarant) The declarant signed or acknowledged signing this living will in my presence and based upon my personal observation the declarant appears to be a competent individual. _________________________ (Witness) ___________________________ (Witness) (Signature of Two Witnesses) Page -16- Form II Advance Directive Part A Appointment of Health Care Agent (Optional Form) (Cross through if you do not want to appoint a health care agent to make health care decisions for you. If you do want to appoint an agent, cross through any items in the form that you do not want to apply.) (1) I, ___________________, residing at ______________________ appoint the following individual as my agent to make health care decisions for me _______________________________________________________ (Full Name, Address, and Telephone Number) Optional: If this agent is unavailable or is unable or unwilling to act as my agent, then I appoint the following person to act in this capacity ______________________________________________________ (Full Name, Address, and Telephone Number) (2) My agent has full power and authority to make health care decisions for me, including the power to: a. Request, receive, and review any information, oral or written, regarding my physical or mental health, including, but not limited to, medical and hospital records, and consent to disclosure of this information; b. Employ and discharge my health care providers; c. Authorize my admission to or discharge from (including transfer to another facility) any hospital, hospice, nursing home, adult home, or other medical care facility; and d. Consent to the provision, withholding, or withdrawal of health care, including, in appropriate circumstances, life-sustaining procedures. (3) The authority of my agent is subject to the following provisions and limitations: _________________________________________________________ (4) My agent's authority becomes operative (initial the option that applies): _____ When my attending physician and a second physician determine that I am incapable of making an informed decision regarding my health care; or _____ When this document is signed. Page -17- (5) My agent is to make health care decisions for me based on the health care instructions I give in this document and on my wishes as otherwise known to my agent. If my wishes are unknown or unclear, my agent is to make health care decisions for me in accordance with my best interest, to be determined by my agent after considering the benefits, burdens, and risks that might result from a given treatment or course of treatment, or from the withholding or withdrawal of a treatment or course of treatment. (6) My agent shall not be liable for the costs of care based solely on this authorization. By signing below, I indicate that I am emotionally and mentally competent to make this appointment of a health care agent and that I understand its purpose and effect. _________ _____________________________ (Date) (Signature of Declarant) The declarant signed or acknowledged signing this appointment of a health care agent in my presence and based upon my personal observation appears to be a competent individual. ____________________ (Witness) ________________________ (Witness) (Signature of Two Witnesses) Part B Advance Medical Directive Health Care Instructions (Optional Form) (Cross through if you do not want to complete this portion of the form. If you do want to complete this portion of the form, initial those statements you want to be included in the document and cross through those statements that do not apply.) If I am incapable of making an informed decision regarding my health care, I direct my health care providers to follow my instructions as set forth below. (Initial all those that apply.) (1) If my death from a terminal condition is imminent and even if life-sustaining procedures are used there is no reasonable expectation of my recovery _____ I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. _____ I direct that my life not be extended by life-sustaining procedures, except that if I am unable to take food by mouth, I wish to receive nutrition and hydration artificially. (2) If I am in a persistent vegetative state, that is, if I am not conscious and am not aware of my environment or able to interact with others, and there is no reasonable expectation of my recovery - Page -18- _____ I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. _____ I direct that my life not be extended by life-sustaining procedures, except that if I am unable to take food by mouth, I wish to receive nutrition and hydration artificially. (3) If I have an end-stage condition, that is a condition caused by injury, disease, or illness, as a result of which I have suffered severe and permanent deterioration indicated by incompetency and complete physical dependency and for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective _____ I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. _____ I direct that my life not be extended by life-sustaining procedures, except that if I am unable to take food by mouth, I wish to receive nutrition and hydration artificially. (4) I direct that no matter what my condition, medication not be given to me to relieve pain and suffering, if it would shorten my remaining life. (5) I direct that no matter what my condition, I be given all available medical treatment in accordance with accepted health care standards. (6) If I am pregnant, my decision concerning life-sustaining procedures shall be modified as follows: _____________________________________________________ (7) Upon my death, I wish to donate: _____ Any needed organs, tissues, or eyes. _____ Only the following organs, tissues, or eyes: _____________________________________________________ I authorize the use of my organs, tissues, or eyes: _____ For transplantation _____ For therapy _____ For research _____ For medical education _____ For any purpose authorized by law. I understand that before any vital organ, tissue, or eye may be removed for transplantation, I must be pronounced dead. After death, I direct that all support measures be continued to maintain the viability for transplantation of my organs, tissues, and eyes until organ, tissue, and eye recovery has been completed. Page -19- I understand that my estate will not be charged for any costs associated with my decision to donate my organs, tissues, or eyes or the actual disposition of my organs, tissues, or eyes. (8) I direct (in the following space, indicate any other instructions regarding receipt or nonreceipt of any health care) __________________________________________________ By signing below, I indicate that I am emotionally and mentally competent to make this advance directive and that I understand the purpose and effect of this document. ______ (Date) _________________________ (Signature of Declarant) The declarant signed or acknowledged signing the foregoing advance directive in my presence and based upon personal observation appears to be a competent individual. ____________________ (Witness) _________________________ (Witness) (Signature of Two Witnesses) Page -20- Sample Basic Will (Annotated) There is no standard, legally foolproof will. State laws vary, as do the needs of people making wills. This sample is designed to give you an idea what a will might look like and why certain language is in it. I, Tess Tatrix, residing at 1 Wilthereza Way, any town, any state, declare this to be my Will, and I revoke any and all wills and codicils I previously made. The opening sentence should make it clear that this document is intended to be your will, give your name, place of residence and revoke any previous wills and codicils (amendments to previous wills). This can help avoid a court battle if someone should produce an earlier will. ARTICLE I: Funeral expenses & payment of debt I direct my executors to pay my enforceable unsecured debts and funeral expenses, the expenses of my last illness, and the expenses of administering my estate. By law, debts must be paid before other assets are distributed. This clause gives your executor authority to pay the funeral home, court costs, and hospital expenses. Using the term "enforceable" prevents creditors from reviving debts you are no longer obliged to pay, usually those discharged in bankruptcy. And the term "unsecured" prevents a court from interpreting this clause to mean that your estate must pay off your mortgage or other secured debts that you probably don't want immediately paid off. Note: in some states, the executor is required by law to pay enforceable unsecured debts. In these states, this clause is unnecessary and may create problems. ARTICLE II: Money & Personal Property I give all my tangible personal property and all policies and proceeds of insurance covering such property, to my husband, Tex. If he does not survive me, I give that property to those of my children who survive me, in equal shares, to be divided among them by my executors in their absolute discretion after consultation with my children. My executors may pay out of my estate the expenses of delivering tangible personal property to beneficiaries. This gives your personal property to your spouse. If there are particular items that you want to go to other people (such as heirlooms, jewelry, professional equipment, and so on) you should enumerate them and the person you want them to go to in a separate clause (e.g., "I give my Beatles albums to my friend William Shears"), and note that Article II excludes those items. Some people will use separate clauses for legacies (disposition of money) and bequests (disposition of tangible personal property). Note the important clause that accounts for the possibility that your spouse will die first. The clause on insurance means that if some property you owned was destroyed (perhaps in the event that caused your death, like a car wreck), your heirs will receive the insurance proceeds, not the mangled car. ARTICLE III: Real Estate I give all my residences, subject to any mortgages or encumbrances thereon, and all policies and proceeds of insurance covering such property, to my husband, Tex. If he does not survive me, I give that property to __________________. Page -21- Most people want their spouse to keep the family home. In some states, particularly community property states, it's sometimes preferable to leave your residence to your spouse in a marital trust. ARTICLE IV: Residuary Clause I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes. Usually, the residuary clause begins "I give all the rest, residue, and remainder of my estate...." because lawyers are afraid to change tried-and-true formulas, and for decades, legal documents never used one word when a half-dozen would do. However, this plain-English form will also work. This clause covers any property you own or are entitled to that somehow wasn't covered by the preceding clauses. ARTICLE V: Taxes I direct my executors, without apportionment against any beneficiary or other person, to pay all estate, inheritance and succession taxes (including any interest and penalties thereon) payable by reason of my death. One common mistake by people who use a living trust as well as a will is to make the beneficiary of the estate different from the people benefiting from the trust. The same problem exists when there are significant specific gifts and the residuary beneficiaries are different from the recipients of the specific gifts. In such cases those paying the taxes are not those who receive the most property, an arrangement that can unfairly saddle some beneficiaries with the whole tax bill, and at worst can even bankrupt the estate. The goal should be to see that the taxes are paid by those who benefit from gifts. Often, a provision apportioning taxes to taxable transfers is used to make sure that each recipient of a taxable gift pays his or her fair share. Additional language is sometimes used to apportion credits. ARTICLE VI: Minors If under this will any property shall be payable outright to a person who is a minor, my executors may, without court approval, pay all or part of such property to a parent or guardian of that minor, to a custodian under the Uniform Transfers to Minors act, or may defer payment of such property until the minor reaches the age of majority, as defined by his or her state of residence. No bond shall be required for such payments. This clause gives your executors discretion to make sure any gift to a minor will be given in a way that's appropriate to his or her age. The "no-bond" language is intended to save the estate money. ARTICLE VII: Fiduciaries I appoint my spouse, Tex, as Executor of this will. If he is unable or unwilling to act, or resigns, I appoint my daughter, Ellie Mae, and my son, Jethro, as successor co-executors. If either co-executor also predeceases me or is unable or unwilling to act, the survivor shall serve as executor. My executor shall have all the powers allowable to executors under the Page -22- laws of this state. I direct that no bond or security of any kind shall be required of any executor. If you set up a trust in the will, you could name the trustees in this clause as well. The "bond or security" clause is designed to save the estate money. ARTICLE VIII: Simultaneous Death Clause If my spouse and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. No person, other than my spouse, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will accordingly. This clause helps avoid the sometimes time-consuming problems that occur if you and your spouse die together in an accident. Your spouse's will should contain an identical clause; even though it seems contradictory to have two wills each directing that the other spouse died first, since each will is probated by itself, this allows the estate plan set up in each will to go forward as you planned. The second sentence exists to prevent the awkward legal complications that can ensue if someone dies between the time you die and the time the estate is divided up. Instead of passing through two probate processes, your gift to a beneficiary who dies shortly after you do would go to whomever you would have wanted it to go had the intended beneficiary died before you did. Most such gifts go into the residuary estate. ARTICLE IX: Guardian If my husband does not survive me and I leave minor children surviving me, I appoint as guardian of the person and property of my minor children my uncle Ernest Entwistle. He shall have custody of my minor children, and shall serve without bond. If he does not qualify or for any reason ceases to serve as guardian, I appoint as successor guardian my cousin Kevin Moon. I have signed this will this ____ day of ____, 20___ . ___________________ (legal signature) SIGNED AND DECLARED by Tess Tatrix on______ to be her will, in our presence, who at her request, in her presence and in the presence of each other, all being present at the same time, have signed our names as witnesses. ___________________ (signature) Blair Witness ___________________ ___________________ Address ___________________ (signature) I. Witness __________________ ___________________ Address Page -23- Self-Proving Affidavit STATE OF _____________ COUNTY OF _____________ Each of the undersigned, Blair Witness and I. Witness, both on oath, says that: The attached will was signed by Tess Tatrix, the testator named in the will, on the ___ day of ___, 20__, at the law offices of Lex Juris, 5440 Orfite St., Geo, Washington. When she signed the will, Tess Tatrix declared the instrument to be her last will. Each of us then signed his or her name as a witness at the end of this will at the request of Tess Tatrix and in her presence and sight and in the presence and sight of each other. Tess Tatrix was, at the time of executing this will, over the age of eighteen years and, in our opinions, of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will. In our opinions, Tess Tatrix could read write and speak in English and was suffering from no physical or mental impairment that would affect her capacity to make a valid will. The will was executed as a single original instrument, and was not executed in counterparts. Each of us was acquainted with Tess Tatrix when the will was executed and makes this affidavit at her request. ___________________ (signature) Blair Witness ___________________ ___________________ Address ___________________ (signature) I. Witness ___________________ ___________________ Address Sworn to before me this_______ day of _______, 20______. ___________________ (signature and official seal) Notary Public Page -24- Donating Your Body to Science Information on Bequeathal Georgetown University Medical Center School of Medicine Anatomical Donor Program 3900 Reservoir Road NW Washington, DC 20057 Phone (202) 687-9326 (202) 687-1219 Fax (202) 687-9214 Georgetown University School of Medicine Anatomical Donor Program Page -25- The Importance of Dissecting a Human Body When a medical student peers inside a human body that he or she has just dissected, his or her medical training takes a quantum leap from theory into practice. After all, a doctor’s patients are real people. And the only way doctors-in-training and healthcare professionals get the chance to immerse themselves in the intricacies of human anatomy comes from dissecting an actual body of a deceased person. No doubt you will remember your biology classes in high school, where you dissected earthworms and frogs in order to bring the anatomy of these delicate creatures to life. Of course, the anatomy of a frog is vastly simpler than that of a human; yet the principle of discovery and learning through dissection is exactly the same. Simply put, dissection of a human body by every medical student is nothing less than an indispensable part of a first-rate medical education and of medical research, in general. Donating Your Body is Essential to Medical Advancement The only way we can assure that students at Georgetown University School of Medicine will have this indispensable phase of their training depends on concerned persons like you donating their bodies when they pass away. Almost all bodies studied at Georgetown University Medical Center have been donated by generous individuals who wish to benefit the living after their death. Donating your body to science endows a great gift to our future caregivers. Why Donate Your Body To Georgetown? Guided by the University’s Jesuit tradition of cura personalis, of caring for the whole person, Georgetown University School of Medicine will educate in an integrated way, knowledgeable, skillful, ethical, and compassionate physicians and biomedical scientists dedicated to the care of others and the health needs of our society. Georgetown University School of Medicine Anatomical Donor Program Georgetown seeks to provide its students with a general professional education in medicine that integrates the scientific, clinical, and humanistic disciplines and lays the ground work for the intellectual and ethical formation of physicianhealers, committed to the clinically competent care, and the wellbeing, of their patients. The 5 Steps of Body Donation Step One: Read this pamphlet thoroughly, especially the list of exclusionary criteria (reasons we cannot accept certain bodies). The Frequently Asked Questions that following this section should answer most, if not all, of your questions about donating your body to medical science. Should you have additional questions, please contact us at (202) 687-9326. Step Two: Complete the Donor Vital Statistics Form and Return Remains Form (optional) and send it to our office: Page -26- Georgetown University School of Medicine Anatomical Donor Program 3900 Reservoir Road NW Med-Dent Building NW109 Washington, DC 20057 Step Three: Once we receive your Vital Statistics, we will mail you a Uniform Donor Card as well as a letter acknowledging your intention. Upon receiving your donor card, please sign and date it and keep it in your wallet. Step Four: Inform your friends and loved ones of your decision. Step Five – What To Do at the Time of Death: Your Next of Kin, who you designate, or your executor should contact the Georgetown University Donor Program at (202) 687-1219 if death occurs during business hours. If death occurs at any other time, please contact Columbia Mortuary Services at (202) 437-0838 and mention the Georgetown University Anatomical Donor Program. Georgetown University School of Medicine Anatomical Donor Program Frequently Asked Questions How can I become a Donor? Complete the Donor Information and Preferences form as well as the Return of Cremains form and return them both to the Georgetown University School of Medicine Anatomical Donor Program. Once received, you will receive a letter from Georgetown acknowledging your registration. You will also receive a Uniform Donor Card which is small enough to fit in your wallet so that you can conveniently carry it with you at all times. Because it will be the responsibility of your Next of Kin to release your remains to us, it is important that your plans for body donation be understood and accepted by this person. Often, it is helpful to provide your Next of Kin with a copy of this brochure. May I change my mind about the donation even after I have received my Uniform Donor Card? Yes, at any time, simply by destroying your Donor Card. In order to keep our records current, we request that you also notify us in writing of your decision to retract your donation. You should also inform your Next of Kin. Page -27- Will Georgetown pay me or my family for my body? No. Georgetown does not "purchase" bodies for medical education. Purchasing bodies is prohibited .What will happen at the time of my death? Should your death occur within 50 miles of the Washington Metropolitan Area, your Next of Kin should immediately notify us by calling Georgetown University, Anatomical Donor Program. At that time, arrangements will be made for transporting the remains. Georgetown University will assume the cost of such transportation from within the greater Washington metropolitan area to our Medical School, although assistance to help defray these transportation expenses is always appreciated. The Medical Center reserves the right to decline any anatomical gift. For this reason, alternative arrangements should be made in the event that the gift cannot be accepted. Please see our list of Exclusionary Criteria to determine if you are ineligible for our program. Georgetown University School of Medicine Anatomical Donor Program. What if the members of my family or I would like funeral services to be conducted? If the body lies in state for an immediate viewing (within 12 hours of death), your family should engage a funeral home with cold storage facilities for the remains, but there should be NO EMBALMING. Standard embalming materials render the body unusable for anatomical study. What is the age limit for donating my body? There is absolutely no age limit to donate your body to Georgetown. We accept adults of any age. Please see our list of exclusionary criteria for reasons we are not able to accept a body. Suppose I am a Catholic. Does Church Law forbid cremation? The Church considers the donation of one's body to science to be a formal expression of love and concern for one's fellow human beings and, therefore, has no objection whatsoever to the cremation that routinely follows such a donation. What happens following anatomical study? When studies have been completed, the remains are cremated and interred at Mt. Olivet Cemetery in Washington, DC in a plot specifically set aside for those who have donated their bodies to Georgetown University. Alternatively, we will, upon prior written request, return cremains to the family. Please see the attached form entitled Return of Cremains. Donors are remembered each year in memorial services conducted in February of each year. These services are usually held at Georgetown University. Families and friends will be notified about this service and are encouraged to attend. Some of the medical students whose training has benefited from the donation frequently attend the memorial services. Suppose I desire to donate my eyes to an eye bank? Simply contact the Lions' Eye Bank in your area and obtain their Eye Donor Card. This additional donation will have no effect on the donation of your remains to Georgetown University. Georgetown University School of Medicine Anatomical Donor Program May I donate PARTS of my body to Georgetown? Yes, organ donations may be arranged by contacting the Director, Division of Transplantation, Georgetown University Hospital at (202) 223-8229. However, if an organ donation is completed, we CANNOT accept the remains for medical education. Page -28- What if my death occurs some distance from Washington, DC? If death occurs more than 50 miles outside the greater Washington Metropolitan Area, your family may contact a nearby medical school and arrange to send the remains there. We would then relinquish our claim to the donation. Alternatively, your family may opt to pay the cost of transportation of the remains to Georgetown University if they so choose. How will my body be received once it arrives at Georgetown? Very special care will be given to your very special gift. You can be assured that your remains will always be treated respectfully, carefully, and sensitively. The doctors, students and healthcare professionals here are mindful of your serious and generous intention to enhance their opportunity to study human anatomy. They are aware of their debt to you for offering them such a priceless source of learning. Although their patients will never directly know of your gift, many of them will benefit by receiving better health care because of the more thorough and extensive training their physicians have received. The beneficial results of your donation will be most sincerely appreciated and will even reach beyond the generation of patients that will be served by the physicians you "helped" to train. How may I help further medical education now? Every year, a number of concerned people express interest in furthering medical education and research via financial contributions to Georgetown during their lifetime. These contributions greatly facilitate the important research and education at Georgetown University. Contributions of any amount help us meet the ever-increasing costs of medical research and education. All contributions are fully tax-deductible. Georgetown University School of Medicine Anatomical Donor Program. Page -29- EXCLUSIONARY CRITERIA (Revised from “Donating Your Body to Science”) Not all bodies of the deceased are eligible for donation. Georgetown University cannot accept bodies if any of the following conditions exist at the time of death: 1. There has been an autopsy or embalming. Rationale: An autopsy interferes with normal anatomical relationship. Routine embalming as performed by funeral homes renders the body unsuitable for dissection. 2. There has been recent major surgery or excessive life-saving attempts. Rationale: The anatomical relations are altered. 3. There has been extensive surgery resulting in the removal of limbs or major organs. Rationale: The anatomical relations are altered. 4. The body was severely damaged in an accident. Rationale: The anatomical relations are altered. 5. There is a diagnosis of widespread cancer.* Rationale: The anatomical relations are altered. *Please note: Please discuss cancer cases with our Anatomical Curator because in many instances, we can still accept donations. 6. The donor was the carrier of an infectious disease. Rationale: This is a health hazard to staff, faculty, and students. 7. The donor is in fetal position or has contracted limbs. Rationale: The body must lay flat on a table in order to be placed in our storage area. 8. The donor is obese (e.g., 200 pounds at a height of 5 feet). Rationale: The body is too large for storage in our storage area containers. 9. Donor died more than three days before donation. Rationale: The body must be embalmed as soon as possible after death so that there will be proper preservation. 10. Donor is outside of a 50-mile radius from Georgetown. Rationale: This greatly increases the cost incurred by the Medical School. The family may opt to donate the body to a Donor Program within closer proximity or alternatively, the family can pay for the transportation costs to have the body sent to Georgetown. 11. There is no space available in our mortuary. Rationale: Storage space in the morgue may be limited at times. Georgetown University School of Medicine Anatomical Donor Program Page -30- Donor Information and Preferences Please complete this form and return it to Georgetown for filing. Our mailing address: Georgetown University School of Medicine Anatomical Donor Program 3900 Reservoir Road NW Med-Dent Building NW109 Washington, DC 20007 Please provide copies of this form to your family. We will keep the information on this document confidential and will use it to complete a death certificate, which is required by law, when you become an Anatomical Donor. Your Next of Kin may need certified copies of the death certificate for certain business transactions, such as those involving bank accounts, insurance, and Social Security or Veteran’s benefits. Georgetown will provide two (2) copies at no charge. Extra copies can be obtained from the Vital Records office in the jurisdiction where the death occurs. PLEASE PRINT Full Name: _____________________________________________________________ Current Address: ________________________________________________________ City/State/Zip: _________________________________ County: __________________ Is this address within 50 miles of Washington, DC? _____________________________ Date of Birth: _______________________ Place of Birth: ________________________ Sex: ______* Race: _____ Of Hispanic Origin? __________ SS#: _____________________ *If you are a female, have you had a hysterectomy? ____________ Citizen of: _______________ Education: _________________ (highest grade completed) Usual Occupation (during most of life, NOT “Retired”): _____________________________________ Kind of business or industry: ________________________________________________ Veteran? _____ Which branch of service? ____________ War or dates: ______________ Marital Status (never married, married, divorced, widowed): _____________________________ Spouse’s (full maiden) Name: ________________________________________________ Father’s Name: __________________________________________________________ Mother’s Full Maiden Name: _______________________________________________ Next of Kin: _________________________________ Relationship: ________________ Alternate Next of Kin: _________________________ Relationship: ________________ (In the event that your designated Next of Kin is not able to fulfill his/her duties) Complete Address: _______________________________________________________ _______________________________________________________ _______________________________________________________ Phone(s): _______________________________________________________________ Page -31- It is my wish that my remains be: _____ interred at Mt. Olivet Cemetery _____ returned to my Next of Kin I permit _____/I do NOT permit _____ Georgetown University to make my body available to another Medical School should Georgetown University not have need of my body and another Medical School is in need of such a donation. Witness #1 Name ________________________________________________________ Witness #1 Signature and date ______________________________________________ Witness #2 Name ________________________________________________________ Witness #2 Signature and date ___________________________________________ Donor Signature ______________________________________________ Georgetown University School of Medicine Anatomical Donor Program Return of Cremains Please return your completed form to: Georgetown University School of Medicine Anatomical Donor Program 3900 Reservoir Road NW Medical Dental Building NW109 Washington, DC 20057 I ____________________________ am the Next of Kin designated by ____________________________, who is an anatomical donor. Today’s date is _________________. I understand that the anatomical studies will be done over an eighteen to twenty-four month period after receipt of the body. Upon completion of the studies, the body will be cremated. The ashes will either be returned to me, the Next of Kin, or interred at Mt. Olivet Cemetery in Washington, DC, unless the donor has indicated her/his preference, which is binding I have checked my preference below. ___ Return Cremains ___Do Not Return Cremains Once the body arrives at Georgetown University, I understand that control of the body is relinquished until the studies have been completed. On rare occasions, another medical school could run into a shortage of cadaver donations. I understand that unless the donor has indicated her/his preference, which is binding, Georgetown will not share the use of a cadaver with another Medical School without the permission of the Next of Kin. I understand that I may indicate my preference as to whether the donation may be made available to another Medical School, unless the Donor has made her/his wishes known. ___ I wish the donation to be made for the sole use of Georgetown University School of Medicine and Medical Center. ___ Should another medical school require a cadaver, as Next of Kin, I grant my permission for this donor to be shared. Signature of Next of Kin _________________________________________________ Page -32- What about Cremation? What is cremation and why would one favor it over earth burial? Cremation is a process by which intense heat reduces the body to ashes in a matter of hours. Cremated remains, called "ashes" or "CREMAINS," are whitish in color. Cremation costs less than earth burial (ashes don't require expensive caskets), and it conserves the use of land (ashes don't utilize much space). Is cremation becoming increasingly popular? Yes. Nationwide, about 25 percent of the population choose cremation, according to the Cremation Association of North America; that percentage is expected to reach 50 by 2025. What is "Direct Cremation"? It is an itemized "package" which a funeral home must offer (provided cremation is not prohibited by its religious dictates). The FTC assumes that Direct Cremation includes the basic services fee (for basic mortuary staff services and overhead); removal of remains from the local place of death; and transportation to the crematory. The price of the actual cremation (i.e., the CREMATORY FEE) may be included or listed separately; if its cost is not stated, find out what it is. The price of minimum containers for holding the body during cremation and for the return of ashes may be included or listed separately. In our area a direct cremation costs on the average of $1500, according to our price survey of 2005. Direct Cremation is without formal viewing, visitation, or ceremony with the body present. A memorial service, without the body present, frequently follows a Direct Cremation. It may be held at any time or place without the need for a mortician. For tips on planning a memorial service, consult Earnest Morgan's book "Dealing creatively with death: a manual of death education & simple burial," Zinn Communications, 1994, which can be ordered from the national FCA office (1-800-7650107). Into what is the body placed for cremation, and what is the cost? While lower-cost cremation caskets have become popular in the last 5 to 8 years, a casket is never required for cremation. The body is usually placed in a so-called "alternative container" (an "alternative" to a casket) defined by the FTC as a "wood box or other non-metal receptacle or enclosure, without ornamention or a fixed interior lining, which is designed for the encasement of human remains. [It is] made of fiberboard, pressed-wood, or composition materials (with or without an outside covering) or like materials." The least expensive alternative container, made of cardboard, is referred to as a minimum container and costs anywhere from $25 to $65; it should have a rigid bottom for easy maneuvering into the crematory chamber. More expensive containers are sturdier and cost several hundred dollars. All disintegrate, as does a casket, during the cremation process. Sometimes for cremation the body is placed in a pouch (perhaps $35) which is plastic and available in varying thicknesses. Like a container, it retains body fluids prior to cremation. However, a pouch does not roll easily into the crematory chamber: it may melt and burn crematory employees--not to mention the loss of dignity to the deceased. Hence, some crematories do not permit its use. Page -33- What are "cremains"? Cremains are cremated remains, or ashes. They are whitish in color and weigh between 3 and 9 pounds depending upon the size of the body. Is it necessary to purchase an urn to hold ashes (cremains)? No. After cremation, the crematory will return cremains in a modest metal, tin, plastic, or cardbard container. Thus purchase of an urn or more elaborate container--which may cost anywhere from $65 to several thousand dollars--is optional. An alternative to an expensive urn from a mortuary might be a tasteful piece of pottery (which, for an adult of average size, should be large enough to hold a five-pound bag of sugar with a little room left over). How are ashes (cremains) memorialized? Ashes are typically scattered over a body of water or piece of land, stored in an urn, buried or scattered in a cemetery, or placed in a cemetery's columbarium, which is a building with hundreds of recesses, or niches, for holding containers of cremains. (The Board of Morticians in MD has issued a "disposition of cremated remains notification" which states that one may place ashes in a cemetery, retain them, or scatter them over one's own property, the property of another if permission is granted, or over a body of water at least 3 miles from land.) What sorts of costs are involved with cremation? If a mortician transports the body, obtains permits, and files the death certificate--these services constitute a "Direct Cremation"--the cost is on the average of $1500 in our area (as ascertained in our 2005 price survey). The CREMATORY FEE, for the cremation process itself, is in the neighborhood of $200 in our locale. (Always inquire about this fee; sometimes it is included in the price of Direct Cremation, sometimes not.) The price of an alternative container to hold the body during cremation costs anywhere from $25 to several hundred dollars. An urn to hold ashes may cost $65 to several thousand dollars (consider instead a piece of tasteful pottery as mentioned above). If cremains will be placed in a cemetery, count roughly on somewhere between $700 and $1400 for in-ground burial and perhaps around $3,000 for inurnment in a cemetery's columbarium. NOTE: For Direct Cremation, the BASIC SERVICES FEE--a special charge for basic mortuary staff services and overhead--is already included. However if embalming or formal viewing and ceremony are desired prior to cremation--this would no longer be a "direct" cremation--the basic services fee must be paid extra. In our area this fee runs on the average of $1500 (as ascertained in our 2005 price survey). Is embalming necessary? No. Embalming is rarely mandated by law but is usually required by mortuaries when a viewing will take place--typically not the case prior to cremation. However some families may wish embalming and a viewing prior to cremation; if so, ask about renting, not purchasing, a casket, which obviously will be needed for the viewing only. Page -34- Are there special preparations of the body prior to cremation? Yes. A pacemaker should be removed because it can explode. Valuables, such as rings or other jewelry, should also be removed. Are cremation societies the same as memorial societies? No. So-called cremation societies are actually commercial, for- profit enterprises. Indeed our parent organization, the Funeral Consumers Alliance, changed its name from Memorial Society because of misuse of the word "society" by commercial entities. Is it necessary to use a mortician? No, in 42 states it is not. To learn about handling arrangements without using a mortuary, consult Lisa Carlson's book "Caring for the dead: your final act of love" (Upper Access, Inc., 1998), which explains necessary permits, tells when and where to file them, and offers other practical information for each state. (This book can be found in your public library or ordered from the national FCA office at 1-800-765-0107.) Read especially chapter 8 "Managing Death: Necessary Information," pp. 48-59; study the chapter dealing with the laws of your state; and examine the section "Death Certificate Instructions," pp. 615-623. Also contact "Crossings: caring for our own at death" at 301-593-5451 or visit their website at www.crossings.net. Page -35- Steps to Take When Death Occurs This outline is intended as a guide for pre-death planning and a reminder of decisions to be made and actions to be taken when a person dies. I. IMMEDIATE NOTIFICATION of professional personnel and next of kin under the following circumstances: A. Death in the Home (unexpected or following illness) - Call: 1. Attending physician, if known 2. Paramedics-911 3. Police will also respond to a 911 call if indicated. NOTE: Any one of the above three might call: a. Coroner, if indicated. b. Human Resources person if needed. 4. Next of kin 5. Clergyman of choice, if desired, now or later 6. Mortuary of choice (this could be the first call) B. Death in a Hospital or in a Nursing Home - Call: 1. Attending physician (staff will call) 2. Next of kin 3. Mortuary of choice 4. Clergyman of choice, now or later. C. Death under Hospice Care - Call: 1. Hospice a. Hospice will contact the doctor's office. b. Hospice nurse who visits at the time of death can call the funeral home. D. Death in an Accident: Police or paramedics will see that the body is sent to a hospital or coroner. NOTE: In all cases of death, the person must be declared dead, cause of death determined, and a physician's or coroner's signature obtained to legalize the death certificate, which is then recorded and filed with the appropriate state agency. II. DETERMINATION OF DESTINATION AND CARRIER of the body, after release by physician or coroner: A. Family may take the body, after release, if they so wish. B. Removal to a hospital if: 1. Autopsy is requested or required, or 2. Organ donations are possible. C. Removal to mortuary of choice. Page -36- D. Removal to crematorium for immediate cremation if that is the choice of the deceased and/or the family. E. Removal to medical school of prior choosing by deceased. This decision must be concurred with by the senior surviving next of kin. III. DETERMINATION OF FUNERAL OR MEMORIAL ARRANGEMENTS. Many details need to be arranged: see lists below and Ernest Morgan's book, Dealing Creatively With Death - A Manual of Death Education and Simple Burial, 12th Edition, Chapters 5 and 7. This very helpful book is included in the packet sent to all new members of the Memorial Society of Northern Virginia (MSNV), and is available for purchase at a discount by current members. IV. FACTS NEEDED FOR DEATH CERTIFICATE (for positive identification and record): 1. First, middle and last names of deceased, address and phone number 2. Date and place of birth 3. Color or race and country of citizenship 4. Marital status and name and occupation of spouse, if married 5. Next of kin (if other than spouse) and relationship 6. Name and birthplace of father of deceased 7. Maiden name and birthplace of mother of deceased 8. Last occupation of deceased; employing firm: how long? 9. Social Security number 10. If veteran: rank, branch and dates of service, serial number V. OTHER DETAILS SURVIVORS SHOULD KNOW: 1. Multiple copies of death certificate will be needed for banks, S&L's, insurance, Social Security, Lodges, Veterans Administration, etc. 2. Location of important papers of the deceased (insurance policies, will, bank account records, military records, etc.) A safe deposit box is not the best place for papers needed at the time of death. 3. The death arrangement wishes of the deceased (Burial? Cremation? Funeral Service? Memorial Service? Specific Mortuary?) 4. Did the deceased believe in organ donation? 5. Charges for various mortuary services 6. If burial is planned, has grave site been chosen/paid for? Costs? 7. How membership in MSNV can help: Page -37- One of the most significant ways in which MSNV can help is in the provision of declaration forms that contain information required as stated above, as well as other important data. Members of MSNV also receive comparative cost information about funeral establishments in the Northern Virginia area. The Manual cited earlier contains a detailed check-list of arrangements to be determined at the time of a death, such as: • Arrange for members of family or friends to take turns answering door or phone, keeping careful record of calls. • Coordinate the supplying of food for the next few days. • Arrange appropriate child care • Decide on time and place of funeral or memorial service(s). • Make list of immediate family, close friends and employer or business colleagues. Notify each by phone. • If flowers are to be omitted, decide on appropriate memorial to which gifts may be made (such as a church, library, school or charity). • Compose obituary. Include age, place of birth, cause of death, occupation, college degrees(s), memberships held, military service, outstanding work, list of survivors in immediate family, alternative to flowers. Give time and place of service. Deliver in person or by phone to newspapers. (Note: many newspapers charge "per line" for these notices.) Page -38- Page -39- Page -40- Page -41- Page -42- Page -43- Selected Scripture Readings Old Testament Job 19:23-27 I know that my redeemer lives Isa. 25:6-9 God will swallow up death forever Isa. 26:1-4, 19 God will keep them in perfect peace Isa. 40:1-11, 28-31 Comfort my people Isa. 40:28-31 Those who wait for the Lord shall renew their strength Isa. 43:1-3a, 18-19, 25 When you pass through the waters Isa. 44:6-8 I am the first and the last Isa. 55:1-3, 6-13 Ho, everyone who thirsts Isa. 61:1-4, 10-11 The Spirit of the Lord is upon me Isa. 65:17-25 I create new heavens and a new earth Lam. 3:19-26, 31-36 My affliction and roaming Dan. 12:1-3 Many of those who sleep in the dust shall awake Joel 2:12-13, 23-24, 26-29 Turn to me with all your heart Wisdom of Solomon 3:1-7, 9; 5:15-16 The souls of the righteous are in the hand of God At the loss of a child: Zech. 8:1-8 Children playing in the streets of the city Isa. 65:17-25 I create new heavens and a new earth Eccl. 3:1-15 For everything there is a season Lam. 3:1-9, 19-26 The Lord's steadfast love Page -44- Psalms Ps. 16:5-11 The Lord is my chosen portion Ps. 23 The Lord is my shepherd Ps. 27:1, 4-9a, 13-14 The Lord is my light and my salvation Ps. 39:4-5, 12 Lord, let me know my end Ps. 42:1-6a As a hart longs for flowing streams Ps. 43 Give judgment for me, O God Ps. 46:1-5, 10-11 A very present help in trouble Ps. 90:1-10, 12 Teach us to number our days Ps. 91 The one who dwells in the shelter of the Most High Ps. 103 Bless, the Lord, O my soul Ps. 106:1-5 O give thanks to the Lord Ps. 116:1-9, 15 My delight is in the Lord Ps. 118 Open the gates of righteousness Ps. 121 I lift up my eyes to the hills Ps. 130 Out of the depths I cry to the Lord Ps. 139:1-12 Whither shall I go from thy Spirit? Ps. 145 I will exalt you, O God my King Ps. 146 Hallelujah! praise the Lord, O my soul Epistles Rom. 5:1-11 Hope does not disappoint Rom. 6:3-9 Baptized into Christ's death, raised to live with him Rom. 8:14-23, 31-39 Nothing can separate us Rom. 14:7-9, 10b-12 Whether we live or die, we are the Lord's Page -45- 1 Cor. 15:3-8, 12-20a Christ raised from the dead 1 Cor. 15:20-24 In Christ shall all be made alive 1 Cor. 15:20-26, 35-38, 42-44, 50, 53-58 Death is swallowed in victory 1 Cor. 15:35-44 The natural body and the spiritual body 1 Cor. 15:50-57 We shall all be changed 2 Cor. 4:16--5:1 Visible things are transitory, invisible things permanent 2 Cor. 5:1-10 From God we have a house not made with hands Eph. 1:11--2:1, 4-10 Saved by grace through faith Phil. 3:7-11 Knowing him and the power of his resurrection Phil. 3:20-21 Our citizenship is in heaven Col. 3:1-17 Set your mind on the things above 1 Thess. 4:13-18 The comfort of Christ's coming 2 Tim. 2:8-13 If we died with him, we shall also live with him Heb. 2:14-18 Christ was tempted in every way Heb. 11:1-3, 13-16; 12:1-2 Faith, the pilgrimage, the cloud of witnesses 1 Peter 1:3-12 Without seeing Christ you love him 1 Peter 3:18-22; 4:6 Christ's ministry to the spirits in prison 1 John 3:1-3, We are children of God Rev. 7:2-3, 9-17 These are they who have come out of the great tribulation Rev. 14:1-3, 6-7, 12-13 Rest for the saints Rev. 21:1-4, 22-25; 22:3-5 A new heaven and a new earth Rev. 22:1-5 The Lord God will be their light Rom 2:12-16 The law written on the heart Rom. 14:7-9, 10c-12 None of us live to ourselves Page -46- Gospels Matt 5:1-12a The Beatitudes Matt. 11:25-30 Hidden from the wise, revealed to babes Matt. 25:1-13 Wise and foolish virgins Matt. 25:31-46 The Last Judgment Luke 7:11-17 Jesus raises the son of the widow of Nain Luke 18:15-17 We enter the kingdom only as children Luke 23:33, 39-43 Today you will be with me in Paradise John 3:16-21 God so loved the world John 5:24-29 Whoever hears and believes has eternal life John 6:37-40 Whoever comes to me I will by no means cast out John 6:47-58 Whoever believes in me has eternal life John 11:17-27 I am the resurrection and the life John 11:38-44 Lazarus raised from the dead John 14:1-6, 25-27 Let not your hearts be troubled At the loss of a child: Matt. 18:1-5, 10 The greatest in the kingdom of heaven Mark 10:13-16 Let the children come to me For those whose faith is unknown: Matt. 25:31-46 As you did it to one of the least of these Selection of appropriate hymns will be made in coordination with the participating clergy. This list is meant to be representative and should not be considered all inclusive. Page -47- Hymns Advent Christ, Whose Glory Fills the Skies Come, Thou Almighty King Come, Thou Long-expected Jesus Come, You Thankful People, Come O Come, O Come, Emmanuel Christmas All My Heart This Night Rejoices All My Heart Today Rejoices Good Christian Men, Rejoice Hark! the Herald Angels Sing Once in Royal David's City Epiphany Christ, Whose Glory Fills the Skies O Morning Star, How Fair and Bright Once in Royal David's City Lent Hosanna, Loud Hosanna O Love, How Deep, How Broad O Love That Wilt Not Let Me Go Page -48- Easter Jesus Christ Is Risen Today O Sons and Daughters, Let Us Sing! The Strife Is O'er, the Battle Done Ascension Crown Him with Many Crowns O for a Thousand Tongues to Sing The Head That Once was Crowned with Thorns Pentecost Christ Is Made the Sure Foundation Holy, Holy, Holy! How Firm a Foundation General Abide with Me A Mighty Fortress Is Our God Face to Face with Christ My Saviour For All the Saints Give to the Winds Your Fears God of Our Life Holy God, We Praise Your Name I Greet Thee, Who My Sure Redeemer Art It Is Well with My Soul Love Divine Near to the Heart of God Page -49- O Love That Wilt Not Let Me Go Praise, My Soul, the King of Heaven Praise We Our Maker While We've Breath Thine Is the Glory We Come Unto Our Fathers' God We Greet You, Sure Redeemer from All Strife Page -50- Obituaries and Death Notices There are two types of notices: (1) a news item (obituary) which includes a biographical sketch and possibly a picture of the deceased. This may or may not be used by the paper depending on the space available. It does not include information on funeral or burial services nor on flowers or contributions, but, depending on the newspaper, it may be free. (2) The standard classified death notice box is a paid advertisement providing information on funeral arrangements, memorial contributions and survivors. This follows a standard format which is paid for by the line. Some newspapers request that specific information be provided but it is possible that some of the information may not be available to you or is of a nature that you may not want to include some items in the death notice. The following list is provided to assist you in assembling information frequently required by newspapers. This list is fairly inclusive and is intended to be a guide rather than a requirement. It is suggested that you examine the format used by the newspaper(s) so that you can collect any other information that is not on this list that you may wish to include in the notice. • Age • Cause of death • Date and place of death • Place of birth • Place of residence • Length of time the person lived in the Washington area • Work history • Military experience • Colleges and local high schools attended • Memberships in local organizations • Volunteer work • Honors • Religious or other affiliations • Names of all spouses, including marriages that ended in divorce or death. If a spouse is deceased, the year of death. • Names, relationships and current towns of residence for surviving spouse, children, parents and siblings • Number of surviving grandchildren and great-grandchildren • Name of the mortuary used (this is for newspaper information and not for publication.) Please be aware that the obituary notice does not include information about funeral or memorial services, visiting, interment or expressions of sympathy. These items should be addressed in the classified death notice. Listed on the next page are three different newspapers that are frequently used for death notices and their phone numbers have been included. Page -51- Washington Post Classified Death Notice: Advertising Dept. 202-334-4122. Fax no. 202-334-1089 News Obituaries: 202-334-7389. Fax no. 202-334-6553 Washington Times Classified Death Notice: Advertising Dept. 202-636-4722. Fax no. 202-636-3111 News Obituaries: 202-636-3181. Fax no. 202-832-0659 Northern Virginia Journal Newspapers Classified Death Notice: Advertising Dept. 703-846-8400. Fax no. 703-846-8366 News Obituaries: 703-846-8320 Page -52- Post Funeral Tasks Included in this section is the identification of some issues that may require the Survivor to take action. A Post-Funeral To-Do Checklist has been provided as a quick reminder to make sure that the main items are addressed and not overlooked. A short commentary for some of the items has been included so that you can quickly put the necessary data together for presentation to the appropriate agency for their review and updating of their records. As noted in some of these sections you should make an effort to avoid any delays in filing the data with them as such delays may cause you to forfeit some of the benefits that are due you. Your particular situation may include items that are not addressed here, as the material presented here is meant to cover topics that, in general, apply to most people, e.g., Social Security, and it is not expected to be a universal all-encompassing list. Please note that certain of this information is dated material. FILING FOR BENEFITS Your funeral director can help you in filing for benefits. The funeral director will provide the necessary copies of the death certificate and can assist when filing claims for insurance or Social Security, Veterans, and/or professional or fraternal order benefits. You can ask the funeral director any questions that may arise during this process. Following are some important things to remember when filing claims on your own or when working with a funeral director: • The sooner you file the sooner you will start receiving your benefits. • Make certain you have filed for all eligible benefits. Check with all federal and state social service agencies, employers, insurance companies, and any other agencies with which the deceased was affiliated. • If you have doubts or questions about any benefits, contact the appropriate agency or administration. You also can ask your funeral director to obtain the information on your behalf. Social Security Benefits To obtain your Social Security benefits, you will need to provide the following original or certified documents and information to your local Social Security office: • Proof of your age. This can be documented with a copy of your birth certificate. • The deceased's W-2 tax forms or the previous year's federal tax returns. • Proof of the deceased's support, if applying as a dependent parent, child or grandchild. • A Social Security card belonging to the deceased or another document proving the deceased's Social Security number. • Your Social Security card if you are the beneficiary, Page -53- • A certified copy of your marriage license and copies of divorce papers if you are not the deceased's first spouse. • A Social Security filing form, which can be obtained from your funeral director or the nearest Social Security office. • Birth certificates or other proof of age of all dependents. • A copy of the death certificate. • All bank account and financial information in the deceased's name. To file for these benefits yourself, call your local Social Security Administration office. It will be listed in your local telephone directory under "Social Security Administration" or "United States Government, Health and Human Services." Applications can be taken over the telephone in most areas. You also can contact the Social Security Administration online at www.ssa.gov. Among the site's detailed, up-to-date information, the booklets Survivors Benefits (Publication No. 05-10084) and Social Security: Understanding the Benefits (Publication No. 05-10024) contain information and instructions about filing for benefits and can be downloaded by clicking on the title. Please be patient. Because of the large volume of claims being processed at any given time, it may take up to two months for you to start receiving benefits.* *Note: Social Security benefits will only begin after you have filed for them. If you do not file for benefits as quickly as possible, you may forfeit your benefits for the months that have elapsed since the death. Veterans' Benefits The surviving spouse and dependents of a deceased veteran who had received his or her discharge papers are entitled to certain benefits. There are three major benefits available to families of veterans: • Pensions or compensations are available for service-connected and non-service-connected deaths. A non-service-connected death pension is available to the widow, widower or dependent children. If the death was service-related, dependency and indemnity compensation may be available. Eligibility for these benefits is determined by the income and marital status of the surviving spouse. • A deceased veteran's family may be eligible for a portion of the burial expenses. • A veteran's family may be eligible for a headstone or a sum made payable toward a headstone of choice. Other benefits are available for survivors under additional circumstances. For a copy of the "Federal Benefits for Veterans and Dependents" booklet, write to: Office of Public Affairs, 810 Vermont Page -54- Avenue, NW, Washington, DC 20420. Information regarding veteran benefits also is available on the Department of Veterans Affairs web site, www.va.gov, and from your local or regional Veteran's Administration office and the Department of Veterans Affairs in Washington, D.C. Retirement or Pension Funds Some businesses transfer pension or retirement accounts to the surviving spouse. Check with the deceased's place of employment or former employer to see if such a policy exists, Union Benefits Certain union members' spouses or dependents are entitled to a pension. Check with your local union office for details on pensions that may apply to you. Professional or Fraternal Organizations Professional and fraternal organizations have "death benefit" sums or other benefits for a deceased member of the organization or lodge. You should call your local organization to inquire. Regardless of benefits, however, such organizations should be notified of the death. It is customary for news of the death to be printed in their publications or announced at meetings. Life Insurance It is not uncommon for life insurance policies to date back many years, especially in the case of older persons. To file life insurance claims, you should first locate all policies issued to the deceased. If you have a primary insurance agent, he or she may be willing to file the claim for you. Most life insurance policies have no filing deadline. The sooner you file the claim, however, the sooner you will begin receiving benefits. It is wise to have a payment schedule arranged so you can budget expenses above funeral and other initial expenses in monthly sums. Your insurance agent or a bank officer can help you in doing this. If you and the deceased owned mortgaged real estate together, check with your primary insurance agent or the lending institution holding the deed to the property to determine if there was mortgage insurance. This also is a good time to update your own life insurance coverage, modifying where necessary and changing the beneficiary on your policy or policies, if needed. Wills and Estates Simply stated, a will is a written record of one's preferences for the distribution of personal property after death. In most states, property that is held in the name of a husband or wife does not need to be filed through probate court. Often, the filing of a document, such as an affidavit or death certificate, will clear the title and show the surviving spouse as the owner of record. If the decedent had a will, it should be probated as soon as possible. Many states have limitations that require a will to be probated within a certain amount of time. Some states require proof of lost wills, assuming that a legitimate copy can be produced. In the absence of a will, state laws govern the inheritance of the property. These laws provide for the Page -55- distribution of property in a fixed manner, according to the state's statutes. If you have specific questions about the laws in your state, you should seek the advice of an attorney. The federal government levies a tax on estates that are inherited because of a death. Also, many states impose an additional inheritance tax. Both of these taxes are subject to numerous exemptions. For more information on taxes, check the "Estate, Inheritance and Other Taxes" section on Page 5. Finally, it is important that you get good advice about what should be included in the estate, what taxes will have to be paid, if any, and how to go about administering the estate. In most cases, it will be necessary to consult an attorney. If the deceased had an attorney, check with him or her to see if the deceased left a will, as many attorneys retain an original copy of the wills they prepare for clients. This also would be a good time to think about drawing up your own will or revising the one you have. The death of a spouse generally creates a change in circumstances that may necessitate revisions in your estate plan. ADDITIONAL PAPERWORK After filing for benefits, you are now ready to take the next step—taking care of all the additional paperwork that must be done over the next few months. The first step is examining any accounts, assets and bills that are in the deceased's name and changing them to the name of the person who will now be responsible. In addition to meeting the legal requirements, correcting this information and placing the responsibility in your hands will help you to further your sense of independence. While there are many documents to be changed, the following list includes some of the most common. As you read through the list, note any categories that may apply to you so that you will remember to take care of them. The Post-Funeral To-Do Checklist at the back of this booklet is also provided for this purpose. Banking All checking and savings accounts, stocks, bonds, and safe deposit boxes in the name of the deceased may be frozen upon notification of death. Even if the accounts were in two names, the assets will remain frozen until a valid will or determination of inheritance is produced. Once a chief inheritor has been named, the appropriate accounts must be changed to the correct name. If you are the surviving spouse or child, all the accounts must be changed to your name before becoming valid. Charge/Credit Cards You may want to change the name of your charge and credit card accounts, especially if you and the deceased had joint accounts. In most cases, the instructions for changing names will be on the billing statement. Contact information is usually printed on the back of the card, as well. Mortgages Any property deeds held by a bank or savings and loan institution must be transferred to the name of the inheritor. Call your loan officer to learn how to make the changes. Estate, Inheritance and Other Taxes Estates generally are subject to taxation from two sources: federal estate tax and state inheritance tax. If the total value of the estate exceeds limits set by the government, there is the potential of federal estate taxes. This tax is subject to several exceptions, deductions Page -56- and exemptions, which can be quite complicated. A surviving spouse is entitled to a federal estate tax marital deduction on estate assets received. Use of this deduction will minimize federal estate taxes. Check with the Internal Revenue Service or a tax attorney for information on eligibility. Most states levy an inheritance tax, which is somewhat different from the estate tax, but also has numerous exceptions and deductions. You can receive more information from your state's revenue department. Federal estate taxes must be filed within nine months to avoid penalties. This makes it important to begin determining the amount due, if any, so you can file within the deadline. Filing federal estate tax returns and other matters involving estate and inheritance taxes generally can be handled by an attorney who is familiar with estate planning and probate work. Mutual Funds and/or Stocks and Bonds Any such holdings in the deceased's name must be changed to the inheritor's name. Check with your banker or broker if you own such assets. Trusts and Trust Funds Any trust funds would have been arranged through the deceased's bank officer and attorney. Check with them to see if trusts exist. Automobile Title and Licensing The title and license registration of the automobiles owned by the deceased must be changed to the name of the person who inherits the vehicles. Make an inquiry in writing to the licensing and title division in your state. Each situation is unique, and each state has different laws governing this procedure. Whenever you make inquiries in writing, be sure to keep a copy for your records. If the car title is still held by a bank, responsibility for paying the remaining portion of payment also falls to the person inheriting the vehicle. Utilities, Telephone and Other Household Accounts A call or written request to your utility and telephone companies is usually sufficient to have the name on the accounts changed. In some cases, you will need to sign a new signature card at a local office. Many widows choose to have their telephone directory listing under the deceased's name. This can be done if requested after changing the billing name. Initials may also be used in a listing in place of a first name if it makes you more comfortable. Post-Funeral To-Do Checklist This list is provided to help you keep track of the many tasks that you may need to complete following your loss. Filing for Benefits • Social Security Administration • Department of Veterans Affairs Page -57- • Retirement or Pension Funds • Union Benefits • Professional or Fraternal Organizations • Life Insurance • Wills and Estates Additional Paperwork (notification of death and name changes) • Banking: • Checking Account • Savings Account • Safe Deposit Boxes • Charge/credit cards • Mortgages (savings and loan/titles and deeds to property) • Estate, Inheritance and Other Taxes (federal and state taxes: estate and inheritance) • Mutual Funds and/or Stocks and Bonds • Trusts and Trust Funds • Automobile Title and Licensing • Utilities, Telephone and Other Household Accounts • Insurance (change of beneficiary/update policies) Health Auto Homeowners • Personal property Page -58- Page -59- Page -60- Page -61- Page -62- Page -63- Page -64- Page -65- Page -66- Funerals: A Consumer Guide Material Gathered by the Federal Trade Commission When a loved one dies, grieving family members and friends often are confronted with dozens of decisions about the funeral - all of which must be made quickly and often under great emotional duress. What kind of funeral should it be? What funeral provider should you use? Should you bury or cremate the body, or donate it to science? What are you legally required to buy? What other arrangements should you plan? And, as callous as it may sound, how much is it all going to cost? Each year, Americans grapple with these and many other questions as they spend billions of dollars arranging more than 2 million funerals for family members and friends. The increasing trend toward pre-need planning - when people make funeral arrangements in advance - suggests that many consumers want to compare prices and services so that ultimately, the funeral reflects a wise and well-informed purchasing decision, as well as a meaningful one. A Consumer Product Funerals rank among the most expensive purchases many consumers will ever make. A traditional funeral, including a casket and vault, costs about $6,000, although "extras" like flowers, obituary notices, acknowledgment cards or limousines can add thousands of dollars to the bottom line. Many funerals run well over $10,000. Yet even if you're the kind of person who might haggle with a dozen dealers to get the best price on a new car, you're likely to feel uncomfortable comparing prices or negotiating over the details and cost of a funeral, pre-need or at need. Compounding this discomfort is the fact that some people "overspend" on a funeral or burial because they think of it as a reflection of their feelings for the deceased. Pre-Need To help relieve their families of some of these decisions, an increasing number of people are planning their own funerals, designating their funeral preferences, and sometimes even paying for them in advance. They see funeral planning as an extension of will and estate planning. Planning Thinking ahead can help you make informed and thoughtful decisions about funeral arrangements. It allows you to choose the specific items you want and need and compare the prices offered by several funeral providers. It also spares your survivors the stress of making these decisions under the pressure of time and strong emotions. You can make arrangements directly with a funeral establishment or through a funeral planning or memorial society - a nonprofit organization that provides information about funerals and disposition but doesn't offer funeral services. If you choose to contact such a group, recognize that while some funeral homes may include the word "society" in their names, they are not nonprofit organizations. One other important consideration when planning a funeral pre-need is where the remains will be buried, entombed or scattered. In the short time between the death and burial of a loved one, many family members find themselves rushing to buy a cemetery plot or grave - often without careful thought or a personal visit to the site. That's why it's in the family's best interest to buy cemetery Page -67- plots before you need them. You may wish to make decisions about your arrangements in advance, but not pay for them in advance. Keep in mind that over time, prices may go up and businesses may close or change ownership. However, in some areas with increased competition, prices may go down over time. It's a good idea to review and revise your decisions every few years, and to make sure your family is aware of your wishes. It's a good idea to review and revise your decision every few years. Put your preferences in writing, give copies to family members and your attorney, and keep a copy in a handy place. Don't designate your preferences in your will, because a will often is not found or read until after the funeral. And avoid putting the only copy of your preferences in a safe deposit box. That's because your family may have to make arrangements on a weekend or holiday, before the box can be opened. Prepaying Millions of Americans have entered into contracts to prearrange their funerals and prepay some or all of the expenses involved. Laws of individual states govern the prepayment of funeral goods and services; various states have laws to help ensure that these advance payments are available to pay for the funeral products and services when they're needed. But protections vary widely from state to state, and some state laws offer little or no effective protection. Some state laws require the funeral home or cemetery to place a percentage of the prepayment in a state-regulated trust or to purchase a life insurance policy with the death benefits assigned to the funeral home or cemetery. If you're thinking about prepaying for funeral goods and services, it's important to consider these issues before putting down any money: What are you are paying for? Are you buying only merchandise, like a casket and vault, or are you purchasing funeral services as well? What happens to the money you've prepaid? States have different requirements for handling funds paid for prearranged funeral services. What happens to the interest income on money that is prepaid and put into a trust account? Are you protected if the firm you dealt with goes out of business? Can you cancel the contract and get a full refund if you change your mind? What happens if you move to a different area or die while away from home? Some prepaid funeral plans can be transferred, but often at an added cost. Be sure to tell your family about the plans you've made; let them know where the documents are filed. If your family isn't aware that you've made plans, your wishes may not be carried out. And if family members don't know that you've prepaid the funeral costs, they could end up paying for the same arrangements. You may wish to consult an attorney on the best way to ensure that your wishes Page -68- are followed. The Funeral Rule Most funeral providers are professionals who strive to serve their clients' needs and best interests. But some aren't. They may take advantage of their clients through inflated prices, overcharges, double charges or unnecessary services. Fortunately, there's a federal law that makes it easier for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements pre-need or at need. The Funeral Rule, enforced by the Federal Trade Commission, requires funeral directors to give you itemized prices in person and, if you ask, over the phone. The Rule also requires funeral directors to give you other information about their goods and services. For example, if you ask about funeral arrangements in person, the funeral home must give you a written price list to keep that shows the goods and services the home offers. If you want to buy a casket or outer burial container, the funeral provider must show you descriptions of the available selections and the prices before actually showing you the caskets. Many funeral providers offer various "packages" of commonly selected goods and services that make up a funeral. But when you arrange for a funeral, you have the right to buy individual goods and services. That is, you do not have to accept a package that may include items you do not want. According to the Funeral Rule: you have the right to choose the funeral goods and services you want (with some exceptions). the funeral provider must state this right in writing on the general price list. if state or local law requires you to buy any particular item, the funeral provider must disclose it on the price list, with a reference to the specific law. the funeral provider may not refuse, or charge a fee, to handle a casket you bought elsewhere. a funeral provider that offers cremations must make alternative containers available. What Kind of Funeral Do You Want? Every family is different, and not everyone wants the same type of funeral. Funeral practices are influenced by religious and cultural traditions, costs and personal preferences. These factors help determine whether the funeral will be elaborate or simple, public or private, religious or secular, and where it will be held. They also influence whether the body will be present at the funeral, if there will be a viewing or visitation, and if so, whether the casket will be open or closed, and whether the remains will be buried or cremated. Among the choices you'll need to make are whether you want one of these basic types of funerals, or something in between. "Traditional," full-service funeral This type of funeral, often referred to by funeral providers as a "traditional" funeral, usually includes a viewing or visitation and formal funeral service, use of a hearse to transport the body to the funeral site and cemetery, and burial, entombment or cremation of the remains. Page -69- It is generally the most expensive type of funeral. In addition to the funeral home's basic services fee, costs often include embalming and dressing the body; rental of the funeral home for the viewing or service; and use of vehicles to transport the family if they don't use their own. The costs of a casket, cemetery plot or crypt and other funeral goods and services also must be factored in. Every family is different, and not everyone wants the same type of funeral. Direct burial The body is buried shortly after death, usually in a simple container. No viewing or visitation is involved, so no embalming is necessary. A memorial service may be held at the graveside or later. Direct burial usually costs less than the "traditional," full-service funeral. Costs include the funeral home's basic services fee, as well as transportation and care of the body, the purchase of a casket or burial container and a cemetery plot or crypt. If the family chooses to be at the cemetery for the burial, the funeral home often charges an additional fee for a graveside service. Direct cremation The body is cremated shortly after death, without embalming. The cremated remains are placed in an urn or other container. No viewing or visitation is involved, although a memorial service may be held, with or without the cremated remains present. The remains can be kept in the home, buried or placed in a crypt or niche in a cemetery, or buried or scattered in a favorite spot. Direct cremation usually costs less than the "traditional," full-service funeral. Costs include the funeral home's basic services fee, as well as transportation and care of the body. A crematory fee may be included or, if the funeral home does not own the crematory, the fee may be added on. There also will be a charge for an urn or other container. The cost of a cemetery plot or crypt is included only if the remains are buried or entombed. Funeral providers who offer direct cremations also must offer to provide an alternative container that can be used in place of a casket. Choosing a Funeral Provider Many people don't realize that they are not legally required to use a funeral home to plan and conduct a funeral. However, because they have little experience with the many details and legal requirements involved and may be emotionally distraught when it's time to make the plans, many people find the services of a professional funeral home to be a comfort. Consumers often select a funeral home or cemetery because it's close to home, has served the family in the past, or has been recommended by someone they trust. But people who limit their search to just one funeral home may risk paying more than necessary for the funeral or narrowing their choice of goods and services. Comparison shopping need not be difficult, especially if it's done before the need for a funeral arises. If you visit a funeral home in person, the funeral provider is required by law to give you a Page -70- general price list itemizing the cost of the items and services the home offers. If the general price list does not include specific prices of caskets or outer burial containers, the law requires the funeral director to show you the price lists for those items before showing you the items. Sometimes it's more convenient and less stressful to "price shop" funeral homes by telephone. The Funeral Rule requires funeral directors to provide price information over the phone to any caller who asks for it. In addition, many funeral homes are happy to mail you their price lists, although that is not required by law. When comparing prices, be sure to consider the total cost of all the items together, in addition to the costs of single items. Every funeral home should have price lists that include all the items essential for the different types of arrangements it offers. Many funeral homes offer package funerals that may cost less than purchasing individual items or services. Offering package funerals is permitted by law, as long as an itemized price list also is provided. But only by using the price lists can you accurately compare total costs. Be sure to consider the total cost of all the items. In addition, there's a growing trend toward consolidation in the funeral home industry, and many neighborhood funeral homes are thought to be locally owned when in fact, they're owned by a national corporation. If this issue is important to you, you may want to ask if the funeral home is locally owned. Funeral Costs Funeral costs include: 1. Basic services fee for the funeral director and staff The Funeral Rule allows funeral providers to charge a basic services fee that customers cannot decline to pay. The basic services fee includes services that are common to all funerals, regardless of the specific arrangement. These include funeral planning, securing the necessary permits and copies of death certificates, preparing the notices, sheltering the remains, and coordinating the arrangements with the cemetery, crematory or other third parties. The fee does not include charges for optional services or merchandise. 2. Charges for other services and merchandise These are costs for optional goods and services such as transporting the remains; embalming and other preparation; use of the funeral home for the viewing, ceremony or memorial service; use of equipment and staff for a graveside service; use of a hearse or limousine; a casket, outer burial container or alternate container; and cremation or interment. 3. Cash advances These are fees charged by the funeral home for goods and services it buys from outside vendors on your behalf, including flowers, obituary notices, pallbearers, officiating clergy, and organists and soloists. Some funeral providers charge you their cost for the items they buy on your behalf. Others Page -71- add a service fee to their cost. The Funeral Rule requires those who charge an extra fee to disclose that fact in writing, although it doesn't require them to specify the amount of their markup. The Rule also requires funeral providers to tell you if there are refunds, discounts or rebates from the supplier on any cash advance item. Calculating the Actual Cost The funeral provider must give you an itemized statement of the total cost of the funeral goods and services you have selected when you are making the arrangements. If the funeral provider doesn't know the cost of the cash advance items at the time, he or she is required to give you a written "good faith estimate." This statement also must disclose any legal, cemetery or crematory requirements that you purchase any specific funeral goods or services. The Funeral Rule does not require any specific format for this information. Funeral providers may include it in any document they give you at the end of your discussion about funeral arrangements. Services and Products Embalming Many funeral homes require embalming if you're planning a viewing or visitation. But embalming generally is not necessary or legally required if the body is buried or cremated shortly after death. Eliminating this service can save you hundreds of dollars. Under the Funeral Rule, a funeral provider: may not provide embalming services without permission. may not falsely state that embalming is required by law. must disclose in writing that embalming is not required by law, except in certain special cases. may not charge a fee for unauthorized embalming unless embalming is required by state law. must disclose in writing that you usually have the right to choose a disposition, such as direct cremation or immediate burial, that does not require embalming if you do not want this service. must disclose in writing that some funeral arrangements, such as a funeral with viewing, may make embalming a practical necessity and, if so, a required purchase. Caskets For a "traditional," full-service funeral: A casket often is the single most expensive item you'll buy if you plan a "traditional," full-service funeral. Caskets vary widely in style and price and are sold primarily for their visual appeal. Typically, they're constructed of metal, wood, fiberboard, fiberglass or plastic. Although an average casket costs slightly more than $2,000, some mahogany, bronze or copper caskets sell for as much as $10,000. When you visit a funeral home or showroom to shop for a casket, the Funeral Rule requires the funeral director to show you a list of caskets the company sells, with descriptions and prices, before Page -72- showing you the caskets. Industry studies show that the average casket shopper buys one of the first three models shown, generally the middle-priced of the three. Caskets vary widely in style and price. So it's in the seller's best interest to start out by showing you higher-end models. If you haven't seen some of the lower-priced models on the price list, ask to see them - but don't be surprised if they're not prominently displayed, or not on display at all. Traditionally, caskets have been sold only by funeral homes. But with increasing frequency, showrooms and websites operated by "third-party" dealers are selling caskets. You can buy a casket from one of these dealers and have it shipped directly to the funeral home. The Funeral Rule requires funeral homes to agree to use a casket you bought elsewhere, and doesn't allow them to charge you a fee for using it. No matter where or when you're buying a casket, it's important to remember that its purpose is to provide a dignified way to move the body before burial or cremation. No casket, regardless of its qualities or cost, will preserve a body forever. Metal caskets frequently are described as "gasketed," "protective" or "sealer" caskets. These terms mean that the casket has a rubber gasket or some other feature that is designed to delay the penetration of water into the casket and prevent rust. The Funeral Rule forbids claims that these features help preserve the remains indefinitely because they don't. They just add to the cost of the casket. Most metal caskets are made from rolled steel of varying gauges - the lower the gauge, the thicker the steel. Some metal caskets come with a warranty for longevity. Wooden caskets generally are not gasketed and don't have a warranty for longevity. They can be hardwood like mahogany, walnut, cherry or oak, or softwood like pine. Pine caskets are a less expensive option, but funeral homes rarely display them. Manufacturers of both wooden and metal caskets usually warrant workmanship and materials. For cremation: Many families that opt to have their loved ones cremated rent a casket from the funeral home for the visitation and funeral, eliminating the cost of buying a casket. If you opt for visitation and cremation, ask about the rental option. For those who choose a direct cremation without a viewing or other ceremony where the body is present, the funeral provider must offer an inexpensive unfinished wood box or alternative container, a non-metal enclosure - pressboard, cardboard or canvas - that is cremated with the body. Under the Funeral Rule, funeral directors who offer direct cremations: may not tell you that state or local law requires a casket for direct cremations, because none do; must disclose in writing your right to buy an unfinished wood box or an alternative container for a direct cremation; and must make an unfinished wood box or other alternative container available for direct cremations. Page -73- Burial Vaults or Grave Liners Burial vaults or grave liners, also known as burial containers, are commonly used in "traditional," full-service funerals. The vault or liner is placed in the ground before burial, and the casket is lowered into it at burial. The purpose is to prevent the ground from caving in as the casket deteriorates over time. A grave liner is made of reinforced concrete and will satisfy any cemetery requirement. Grave liners cover only the top and sides of the casket. A burial vault is more substantial and expensive than a grave liner. It surrounds the casket in concrete or another material and may be sold with a warranty of protective strength. State laws do not require a vault or liner, and funeral providers may not tell you otherwise. However, keep in mind that many cemeteries require some type of outer burial container to prevent the grave from sinking in the future. Neither grave liners nor burial vaults are designed to prevent the eventual decomposition of human remains. It is illegal for funeral providers to claim that a vault will keep water, dirt or other debris from penetrating into the casket if that's not true. Before showing you any outer burial containers, a funeral provider is required to give you a list of prices and descriptions. It may be less expensive to buy an outer burial container from a third-party dealer than from a funeral home or cemetery. Compare prices from several sources before you select a model. Preservative Processes and Products As far back as the ancient Egyptians, people have used oils, herbs and special body preparations to help preserve the bodies of their dead. Yet, no process or products have been devised to preserve a body in the grave indefinitely. The Funeral Rule prohibits funeral providers from telling you that it can be done. For example, funeral providers may not claim that either embalming or a particular type of casket will preserve the body of the deceased for an unlimited time. Cemetery Sites When you are purchasing a cemetery plot, consider the location of the cemetery and whether it meets the requirements of your family's religion. Other considerations include what, if any, restrictions the cemetery places on burial vaults purchased elsewhere, the type of monuments or memorials it allows, and whether flowers or other remembrances may be placed on graves. Cost is another consideration. Cemetery plots can be expensive, especially in metropolitan areas. Most, but not all, cemeteries require you to purchase a grave liner, which will cost several hundred dollars. Note that there are charges - usually hundreds of dollars - to open a grave for interment and additional charges to fill it in. Perpetual care on a cemetery plot sometimes is included in the purchase price, but it's important to clarify that point before you buy the site or service. If it's not included, look for a separate endowment care fee for maintenance and groundskeeping. If you plan to bury your loved one's cremated remains in a mausoleum or columbarium, you can expect to purchase a crypt and pay opening and closing fees, as well as charges for endowment care and other services. The FTC's Funeral Rule does not cover cemeteries and mausoleums unless they sell both funeral goods and funeral services, so be cautious in making your purchase to ensure that you receive all pertinent price and other information, and that you're being dealt with fairly. Page -74- Veterans Cemeteries All veterans are entitled to a free burial in a national cemetery and a grave marker. This eligibility also extends to some civilians who have provided military-related service and some Public Health Service personnel. Spouses and dependent children also are entitled to a lot and marker when buried in a national cemetery. There are no charges for opening or closing the grave, for a vault or liner, or for setting the marker in a national cemetery. The family generally is responsible for other expenses, including transportation to the cemetery. For more information, visit the Department of Veterans Affairs' website at www.cem.va.gov. To reach the regional Veterans office in your area, call 1-800827-1000. In addition, many states have established state veterans cemeteries. Eligibility requirements and other details vary. Contact your state for more information. Beware of commercial cemeteries that advertise so-called "veterans' specials." These cemeteries sometimes offer a free plot for the veteran, but charge exorbitant rates for an adjoining plot for the spouse, as well as high fees for opening and closing each grave. Evaluate the bottom-line cost to be sure the special is as special as you may be led to believe. For More Information Most states have a licensing board that regulates the funeral industry. You may contact the board in your state for information or help. If you want additional information about making funeral arrangements and the options available, you may want to contact interested business, professional and consumer groups. Some of the biggest are: AARP Fulfillment 601 E Street, NW Washington, DC 20049 1-800-424-3410 www.aarp.org AARP is a nonprofit, nonpartisan organization dedicated to helping older Americans achieve lives of independence, dignity and purpose. Its publications, Funeral Goods and Services and Pre-Paying for Your Funeral, are available free by writing to the above address. This and other funeral-related information is posted on the AARP website. Council of Better Business Bureaus, Inc. 4200 Wilson Blvd., Suite 800 Arlington, VA 22203-1838 www.bbb.org Better Business Bureaus are private, nonprofit organizations that promote ethical business standards and voluntary self-regulation of business practices. Funeral Consumers Alliance 33 Patchen Road South Burlington, VT 05403 1-800-765-0107 www.funerals.org FCA, a nonprofit, educational organization that supports increased funeral consumer protection, is affiliated with the Funeral and Memorial Society of America (FAMSA). Page -75- Cremation Association of North America 401 North Michigan Avenue Chicago, IL 60611 (312) 644-6610 www.cremationassociation.org CANA is an association of crematories, cemeteries and funeral homes that offer cremation. International Cemetery and Funeral Association 1895 Preston White Drive, Suite 220 Reston, VA 20191 1-800-645-7700 www.icfa.org ICFA is a nonprofit association of cemeteries, funeral homes, crematories and monument retailers that offers informal mediation of consumer complaints through its Cemetery Consumer Service Council. Its website provides information and advice under "Consumer Resources." International Order of the Golden Rule 13523 Lakefront Drive St. Louis, MO 63045 1-800-637-8030 www.ogr.org OGR is an international association of about 1,300 independent funeral homes. Jewish Funeral Directors of America Seaport Landing 150 Lynnway, Suite 506 Lynn, MA 01902 (781) 477-9300 www.jfda.org JFDA is an international association of funeral homes serving the Jewish community. National Funeral Directors Association 13625 Bishop's Drive Brookfield, WI 53005 1-800-228-6332 www.nfda.org/resources NFDA is the largest educational and professional association of funeral directors. National Funeral Directors and Morticians Association 3951 Snapfinger Parkway, Suite 570 Decatur, GA 30035 1-800-434-0958 www.nfdma.com NFDMA is a national association primarily of African-American funeral providers. Page -76- Selected Independent Funeral Homes 500 Lake Cook Road, Suite 205 Deerfield, Illinois 60015 1-800-323-4219 www.selectedfuneralhomes.org Selected Independent Funeral Homes is an international association of funeral firms that have agreed to comply with its Code of Good Funeral Practice. Consumers may request a variety of publications through the association's affiliate, Selected Resources, Inc. Funeral Service Consumer Assistance Program PO Box 486 Elm Grove, WI 53122-0486 1-800-662-7666 FSCAP is a nonprofit consumer service designed to help people understand funeral service and related topics and to help them resolve funeral service concerns. FSCAP service representatives and an intervener assist consumers in identifying needs, addressing complaints and resolving problems. Free brochures on funeral related topics are available. Funeral Service Educational Foundation 13625 Bishop's Drive Brookfield, WI 53005 1-877-402-5900 FSEF is a nonprofit foundation dedicated to advancing professionalism in funeral service and to enhancing public knowledge and understanding through education and research. Solving Problems If you have a problem concerning funeral matters, it's best to try to resolve it first with the funeral director. If you are dissatisfied, the Funeral Consumer's Alliance may be able to advise you on how best to resolve your issue. You also can contact your state or local consumer protection agencies listed in your telephone book, or the Funeral Service Consumer Assistance Program. You can file a complaint with the FTC by contacting the Consumer Response Center by phone, tollfree, at 1-877-FTC-HELP (382-4357); TDD: 1-866-653-4261; by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or on the Internet at www.ftc.gov, using the online complaint form. Although the Commission cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations. Page -77- Glossary of Terms Alternative Container: An unfinished wood box or other non-metal receptacle without ornamentation, often made of fiberboard, pressed wood or composition materials, and generally lower in cost than caskets. Casket/Coffin: A box or chest for burying remains. Cemetery Property: A grave, crypt or niche. 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. Columbarium: A structure with niches (small spaces) for placing cremated remains in urns or other approved containers. It may be outdoors or part of a mausoleum. Cremation: Exposing remains and the container encasing 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 remains. Disposition: The placement of cremated or whole remains in their final resting place. Endowment Care Fund: Money collected from cemetery property purchasers and placed in trust for the maintenance and upkeep of the cemetery. Entombment: Burial in a mausoleum. 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 Planning Society: See Memorial Society. Grave: A space in the ground in a cemetery for the burial of remains. Grave Liner or A concrete: cover that fits over a casket in a grave. Some liners cover tops and sides of the casket. Others, referred to as vaults, completely enclose the casket. Grave liners minimize ground settling. Graveside Service: A service to commemorate the deceased held at the cemetery before burial. Interment: Burial in the ground, inurnment or entombment. Inurnment: The placing of cremated remains in an urn. Mausoleum: A building in which remains are buried or entombed. Memorial Service: A ceremony commemorating the deceased, without the body present. Page -78- Memorial Society: An organization that provides information about funerals and disposition, but is not part of the state-regulated funeral industry. Niche: A space in a columbarium, mausoleum or niche wall to hold an urn. Urn: A container to hold cremated remains. It can be placed in a columbarium or mausoleum, or buried in the ground. Vault: A grave liner that completely encloses a casket. Page -79-
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