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
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3-5
6-8
9-12
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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.
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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]
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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.
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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.
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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.
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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)
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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)
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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.
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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
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"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.
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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.
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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
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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.
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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.
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_____ 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)
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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.
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(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): _______________________________________________________________
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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 _________________________________________________
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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.
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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.
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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.
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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.
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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:
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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.)
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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• 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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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