Arranging and Prearranging a Funeral: What You Need to Know

Transcription

1 Arranging and Prearranging a Funeral: What You Need to Know Board of Funeral Services Bay Street, Box 117 Toronto, ON M5G 2C8 Toll Free: 1 (800) (Ontario Only) Telephone: (416) Facsimile: (416) info@funeralboard.com For larger print contact us or visit

2 The Board of Funeral Services regulates the provision of funeral services and transfer services in Ontario to ensure consumer protection. The Board encourages consumers to make informed decisions. TABLE OF CONTENTS Making Some Important Decisions...3 What will happen with the body of the deceased? What type of service or memorialization do I want? Who will carry out the arrangements? What kind of casket do I want? What is embalming and is it required? Do I want earth burial, entombment, cremation? Making The Arrangements...7 The Contract...7 After The Service is Over...8 Prearranging & Prepaying...10 Prepayment Document Checklist...13 Other Helpful Organizations...16 DEFINITIONS Supplies refers to merchandise that service providers may sell such as caskets, vaults, urns and flowers. Most supplies may also be purchased elsewhere. Provider refers to a funeral home or transfer service. The Board can provide a list of licensed providers. 2 Arranging and Prearranging a Funeral: What You Need to Know

3 MAKING SOME IMPORTANT DECISIONS 1. What will happen with the body of the deceased? Depending on the type of services you will need, the deceased will have to be transported to a provider, cemetery or other destination. Unless you or your family intend to carry out the services yourselves, only a licensed provider may offer and provide funeral or transfer services. If the deceased had expressed a wish to donate organs for transplant or the entire body for scientific research, arrangements will have to be made quickly because there are specific time limits for making donations. To find out more about organ or body donation, contact the Trillium Gift of Life Network or speak to a hospital representative. 2. What type of service or memorialization do I want? Determine if the deceased prearranged the funeral or expressed any preferences. If not, would you want a funeral home, religious or other setting? A memorial or graveside service? A private service? Visitation? A procession? Are there other cultural or social customs to be considered? The answers to these questions and your budget will help you decide what you should purchase. 3. Who will carry out the arrangements? Transfer services provide more basic services. They may remove the body from the place of death, place it in a casket, deliver it to a cemetery or crematorium and file necessary documents. They cannot attend or conduct visitations or funerals. They cannot do any body preparation, including embalming and must inform clients about the services they can offer. Funeral homes provide a full range of services and can accommodate most types of services religious or nonreligious. Only licensed funeral directors can offer funeral services and they may do so only through a funeral home. Ask family or friends for recommendations. Get a copy of each provider s price list to compare services and prices. Choose a provider you are comfortable with and who best meets your needs. Consider the provider s reputation, location, facilities and prices. Arranging and Prearranging a Funeral: What You Need to Know 3

4 You or your family may look after the disposition of a deceased family member without involving a provider. If you choose to perform part or all of the services yourself, you may still choose to get some help from a provider for certain tasks. 4. What kind of casket do I want? The type of casket depends on your decisions about what will happen with the deceased and the type of services you select. Caskets vary in price and style. Prices range from a few hundred dollars to several thousand and depend on whether you buy or rent. Funeral homes are required to carry a range of caskets including inexpensive models. Caskets can be very simple or very ornate in appearance and made of a variety of materials. Caskets do not preserve the body. Ask the provider about renting a casket and if the cost of the casket or container used for burial or cremation is included in the cost of the casket rental price. You may also provide your own casket or purchase one from a casket retailer check local telephone listings for locations. Casket retailers are not authorized to accept prepayments. Note: A provider may not refuse to serve you or charge you extra because you provide your own casket. While Ontario law does not require the use of an outer container or vault for burial, some cemeteries require them. 5. What is embalming and is it required? Embalming is the process of replacing blood and bodily fluids with chemical preservatives. It is a process of sanitation, restoration and temporary preservation. Embalming is not legally required in Ontario, but may be recommended to preserve the body between the time of death and the visitation or disposition of the deceased. Washing the body and hairdressing are usually recommended if the deceased is to be viewed, but that may be done without embalming. However, if a deceased is being shipped internationally, the receiving country might require embalming. Some airlines and other public carriers require embalming. 4 Arranging and Prearranging a Funeral: What You Need to Know

5 If you want the deceased to be embalmed, you must give specific instructions. Ask the funeral director to explain the procedure to make an informed choice. 6. Do I want earth burial, entombment, cremation? With earth burial, the deceased is placed in the ground with or without a casket. If a body is buried in Ontario it must be buried in a cemetery. Entombment is when the deceased is placed in a sealed concrete crypt in a mausoleum. A mausoleum is an above-ground structure, usually made of a combination of concrete, stone or marble. Not all cemeteries have a mausoleum. During cremation, fire reduces the body to an ash or granular substance. The cremated remains are placed in a small container or box. The cremated remains may be placed in any urn or container you like. A family member may keep the cremated remains, or they may be buried in a cemetery, placed in a niche in a columbarium, or scattered on one s private property or in a designated area of a cemetery. You must have the landowner s consent before scattering cremated remains on any property. You may scatter the cremated remains on Crown Land without consent. Arranging and Prearranging a Funeral: What You Need to Know 5

6 ARRANGING

7 MAKING THE ARRANGEMENTS When making arrangements, you may want to bring someone along with you for support, preferably someone who may be less emotional about making the decisions. Making arrangements can be stressful and you may welcome the assistance and support of a family member or friend. You should discuss the details of the services and supplies you want. Providers must have an itemized price list with a description of all their supplies and services so you can compare prices with your budget. Ask to deal with an individual who is licensed and qualified to assist you and finalize the contract. THE CONTRACT Once you decide on the services and supplies you want, you will have to enter a contract with the provider. The provider must give you a signed copy when you enter the agreement. Contract only for those things you want and can afford. With a few exceptions, the provider cannot make items mandatory, nor can the provider require you to purchase specific services or supplies in order for the provider to serve you. You are required to pay only for those things you select. The contract must have the description and price of each of the items you agree to purchase and the total amount you must pay. Both you and the provider must sign the contract. The law allows you to cancel your contract at any time before the services or supplies have been provided. If you want to cancel a contract, you have to give written notice to the provider. Once you have cancelled, the provider must give you back your money for those things you paid for, but did not receive. For prepaid contracts and an explanation of how they work, please read further. The contract must also include the name of the company you are dealing with and disclose to you whether the provider is receiving any commissions or benefits from other parties that they may be recommending or may be involved in the delivery of the services or supplies. Arranging and Prearranging a Funeral: What You Need to Know 7

8 Costs vary depending on the supplies and services you select to meet your individual needs and the area in which the services are provided. Services and supplies may include some or all of the following: services, facilities and vehicles to carry out the arrangements, casket, urn, vault, disbursements (newspaper notices, police escorts, clergy honorarium, etc.), cemetery and/or crematorium fees, grave, crypt or niche, monument and taxes. AFTER THE SERVICE IS OVER Getting Help to Better Understand or Manage the Grieving Process - After the final ceremony or service, you may want or need help dealing with the loss and grief you may experience. Many service providers offer, or can help you locate, grief recovery or counselling services. Your physician or religious advisor can also help you find appropriate services in your area. Bereaved Families of Ontario (check local listings) is a self-help organization that provides peer support for those who have experienced the death of a family member. Making a Memorial Donation - Some providers accept memorial donations on behalf of various charities. If you choose to send condolences by making a memorial donation, it is best to write a cheque payable to the charity. The Board discourages providers from accepting cash donations. If you do pay with cash, ask the provider for a temporary receipt and follow up if you do not receive a receipt from the charity within a reasonable time. Some donations may be made using credit or debit cards. Ask your provider about payment options. If You Have a Complaint - Discuss concerns with the provider first. If it is not resolved, you may send a written complaint to the Board of Funeral Services. Complaint forms are available at Complaints must be in writing and include your contact information, details of your concerns and copies of documents (e.g., contracts, invoices, letters). The provider will receive a copy of the complaint so they may respond. 8 Arranging and Prearranging a Funeral: What You Need to Know

9 PREARRANGING

10 PREARRANGING & PREPAYING Arranging a funeral in advance either for you or on behalf of a loved one can be a good idea. Planning the funeral ahead of time may help to reduce the burden, vulnerability or emotional duress placed on family and friends when the person dies. The person may also want to help with the planning. In either case, when you prearrange, you have more time to assess and compare your options and make more informed choices. You may choose to prearrange the funeral without paying any money in advance or you may want to prepay. Prearranging has the added advantage of flexibility. However, at the time of death, the legally authorized person (estate trustee or executor of the will) could still choose to alter the prearranged plans, so it is important to discuss your wishes with them. When you are ready to finalize the plans, the provider you choose will explain your options and assist you in personalizing the arrangements. The more you know before you go to the provider, the easier the process will be. Use the Important Information and Funeral Planning Guide to collect information before you meet with a provider, available at PREARRANGING Prearranging means that you make arrangements before a death. Most providers will maintain a prearrangement file for you without obligation. If you are making arrangements for your own funeral, it is important that you tell your family, estate trustee or executor of your will about the steps you have taken. Part of prearranging a funeral is deciding what will happen with the body of the deceased. If you want to donate the body or organs, this is the time to make that decision. For more information about donations, contact the Trillium Gift of Life Network. 10 Arranging and Prearranging a Funeral: What You Need to Know

11 PREPAYING THE ARRANGEMENTS Whether you set aside the funds to pay for your funeral on your own or you prepay the arrangements with a provider, make sure you tell your family, estate trustee or executor. In addition to setting out the services and supplies you have selected, the prepaid contract must identify the Purchaser (the person who is paying for the contract) and the Beneficiary or Recipient (the person for whom the services or supplies are to be provided). The contract must also include the name of the company you are dealing with and disclose to you whether the provider is receiving any commissions or benefits from other parties that they may recommend or may be involved in the delivery of the services or supplies. Methods of funding: Trust or Insurance? There are two ways to prepay. You can have your money deposited into trust, or you can purchase an insurance policy from an insurance company. Ask your provider to explain the advantages and disadvantages of the options they offer. Get as much information as possible to make an informed choice. Only a licensed provider may accept prepayment funds. When deposited into trust, the money is held by a bank or trust company, where it earns interest until it is needed to cover the cost of the funeral or you cancel the contract. Interest rates and terms vary, so ask for these details at the time the trust is set up. When you buy insurance, you pay the money directly to the insurance company based on the terms of the policy. Ask about interest or financing charges on time payments. You are usually better off making one payment, if you can afford to. Note: If you buy an insurance policy, you have not arranged the funeral and will have to do so separately with the provider. In addition to the insurance policy (contract), you will have to enter a prepaid contract with the provider for the services and supplies you select. How does a prepaid contract work? When the death occurs, the prices for the services and supplies that were purchased are recalculated based on the provider s current price list. The trust funds (principal plus interest earned) or the proceeds of the insurance policy will be applied to the cost of the services and supplies provided. Arranging and Prearranging a Funeral: What You Need to Know 11

12 Guaranteed vs. Non-Guaranteed Contracts When you enter a prepaid contract, your contract must clearly state whether or not the contract is guaranteed, along with the terms of payment, including any financing charges, for example for payment over time. Guaranteed: If there is not enough money to cover the services and supplies identified in the prepaid contract, no more money will be owed, provided you have met the terms of payment. Taxes are not guaranteed. Non-guaranteed: If there is not enough money to cover the services and supplies identified in the prepaid contract, the balance owing will have to be paid by the estate or person responsible. Note: Contracts that are paid over time or funded by insurance may have limitations or time restrictions before the contract can become guaranteed. The contract must set out these details. 12 Arranging and Prearranging a Funeral: What You Need to Know

13 PREPAYMENT DOCUMENT CHECKLIST Keep important documents in a safe place. Please keep in mind that a safety deposit box might not be opened until sometime after the funeral. You should also tell someone you trust, such as a next of kin, executor or estate trustee, where they are. From the provider you should receive A contract detailing the services and supplies purchased, signed by you and the provider, including written consent for embalming the deceased (if embalming is selected). An investment receipt from the financial institution or a copy of the insurance application and policy. Copies of any other documents you sign. For your own records, you should keep Your cancelled cheques. Receipts as proof of payment. Remember to ask About the advantages and disadvantages of trusting and insurance. Where your money will be invested. About the type of investment to be used and the rate of return to be paid. Whether the contract is guaranteed or non-guaranteed. About your cancellation rights and the cost of cancelling (penalties) for trust or insurance. What happens if there is money left over? Any excess money must be paid to the estate of the beneficiary (recipient), though this does not apply to contracts made before June 1, You are entitled to know the current cost of the services and supplies provided and the value of the trust funds or the amount paid to the provider under the insurance policy. What happens if you cancel or change your contract? At any time before a contract is fulfilled, the contract may be cancelled, no matter when it was written. If you or your legal representative want to cancel the contract, you must give the Arranging and Prearranging a Funeral: What You Need to Know 13

14 provider written notice. Upon written notice, the provider must refund all the money you paid plus any income earned on that money. If you cancel within 30 days of the date of the contract, you get all of your money back. After 30 days, the provider can keep 10% of the money up to $200. If you cancel a contract attached to an insurance policy, you do not necessarily have to cancel the insurance policy as well. Cancellation fees for an insurance policy vary and can be significant. Before you purchase or cancel an insurance policy, ask about your rights. If you move, ask your provider about transferring your money or insurance policy to another provider. How does the law protect prepaid money? Ontario law protects your prepaid money in several ways. When you prepay, your provider must give you a contract that states the total amount of money you paid and the terms for the payment of any amount owing. If you choose to place the money in trust, the provider is restricted by law on how the money can be invested. The provider has to send you proof of where and how your money has been invested within 10 days. You are also entitled to know once each year where and how the money is invested and its current value. If you choose to buy an insurance policy to fund your contract, you pay the money directly to the insurance company. The insurance is a separate transaction and is protected under the Insurance Act. The Board carries out regular inspections of providers and administers a Compensation Fund. The Fund is used to give back money to consumers in the unlikely event their prepaid money is not available when it is needed, but only if prepaid with a licensed provider. What happens when the beneficiary (recipient) dies? Legal representatives of the deceased (the estate trustee or executor), who are often family members, use the prearrangement documents to identify the beneficiary s chosen provider. The legal representatives should take the prearrangement documents to the provider as a reference and proof of payment, where applicable. 14 Arranging and Prearranging a Funeral: What You Need to Know

15 The provider calculates costs based on current prices and prepares an itemized statement of what will actually be provided. The provider must also disclose the amount of money that came out of trust or the amount received under the insurance policy. You, or your estate, are entitled to know these details and should compare the details of the original prepaid contract to the itemized statement to ensure they are accurate. If the contract was guaranteed, the provider cannot require more money to provide the services and supplies that are included in the prepaid contract. If it was not guaranteed and there is not enough money, the provider may request additional payment. (See Guaranteed vs. Non-Guaranteed Contracts) If at the time of need a service or supply is no longer available, a reasonable substitution may be made, but at no extra charge, otherwise, the legal representative may cancel that part of the contract. Substitutions must be similar in style, design and construction to those originally contracted for. Written authorization or a new contract must be completed for changes or additional items. If you have questions about prearranging or prepaying, speak to your provider, the Board or visit Arranging and Prearranging a Funeral: What You Need to Know 15

16 OTHER HELPFUL ORGANIZATIONS The Trillium Gift of Life Network is Ontario s central organ and tissue donation agency. Trillium Gift of Life Network 522 University Ave., Suite 900, Toronto, ON M5G 1W7 1 (800) The Financial Services Commission of Ontario (FSCO) regulates co-operatives, credit unions, caisses populaires, insurance, loan and trust companies, mortgage brokers and pensions. Among other laws, FSCO regulates the Ontario Insurance Act. Financial Services Commission of Ontario (FSCO) 5160 Yonge St., P.O. Box 85, Toronto, ON M2N 6L9 (416) or 1 (800) Financial Services Commission of Ontario The Ministry of Consumer Services (MCS) regulates marketplace practices and deals with consumer complaints. The Cemeteries Regulation Unit of the MCS governs the cemetery sector. The Ministry is also responsible for the laws that govern the funeral and cemetery sector the Funeral Directors and Establishments Act and the Cemeteries Act. Visit the e-laws web site at Consumer Protection Branch Ministry of Consumer Services 5775 Yonge St., Suite 1500, Toronto, ON M7A 2E5 1 (800) Service Canada provides benefits for those who qualify. Service Canada 1 (800) This free booklet is prepared by the Board of Funeral Services. You received this copy from: August/09