- [
- Legalities |
- Virginia |
- Conclusions ]
Research the legalities in your area relating to death, cremation, burial, etc. Are families legally permitted to care for their dead, or must the deceased's remains be handled only by professionals? Visit a funeral home in your area and speak with a funeral director about the legal and practical considerations that bereaved families face. How does the funeral director work with clergy? To what extent would they able to accommodate a Hellenic family that wished to perform traditional kedeia (funerary rites)?
Legalities:
Research has shown that there is much less regulation related to death than one would initially assume. However, knowledge of the regulations tends to expose the high pressure tactics employed against emotionally vulnerable customers by the all too common, disreputable funeral industry (especially major corporations) who are only concerned with making money. Even if a person is squeamish or apprehensive about the miasma related to death, knowledge of the regulations will help to deal with the situation from an informed position.
Making funeral arrangements can give survivors a sense of closure: "Personal involvement in death arrangements is a way of fulfilling emotional needs that probably cannot be met in any other way." (Carlson, 27). While making arrangements from an informed position can save considerable amounts of money, it also allows the survivors to ensure their loved one has been handled properly: "Undoubtedly one factor that prompts people to care for their own dead is avoiding the 'priciest funerals.' But of those who have described their experiences, all have felt after the funeral that caring for their own was ultimately more important than the dollar saving." (Carlson, 47).
Important legality topics that must be considered include the death certificate, autopsies, embalming, moving a body, burial, and cremation.
- Death Certificate: "A death certificate signed by a doctor stating the cause of death must be filed." (Carlson, 48). If a mistake is made in filling it out, a new form must be started as corrections are not permitted. A family or church member who is making the funeral arrangements can sign the death certificate as "funeral director" unless state regulations specify otherwise. It is filed with the State registrar before other permits are issued. States vary on the amount of time allowed to file.
- Autopsies: "Autopsies are generally required when cause of death is violent, unexpected, uncertain, or 'unusual,' including suicide." (Carlson, 49). If an autopsy is necessary, the body is rarely cleaned up or tacked back together. Many states are required to pay the costs of returning the body to the family if asked to do so. If more people would take advantage of this, perhaps more care would be taken for the sensitivity of family members.
- Embalming: "No state requires routine embalming of all bodies." (Carlson, 53) Some cases where a state may require embalming include a lengthy period between death and disposition, transportation of a body over a distance or if death was due to a communicable disease. If state requirements are not a consideration, it should be considered that a) refrigeration or dry ice provides a better preservative and most airlines allow this alternative when there are religious objections to embalming and b) studies have shown that embalming techniques do not prevent the risks from communicable diseases.
- Moving a body: "Never move a body without a permit (or medical permission)! Always call ahead before moving a body even if you have a permit." (Carlson, 53) Other than size, there are no restrictions on the container for transporting a body, which can even be made of plywood or cardboard. Most states require a permit for transportation or disposition of a body and a death certificate must be provided first. Often a permit-to-cremate is needed prior to cremation. If these permits are required at a time when municipal offices are closed, a funeral director can act as a deputy of the state and provide the necessary forms. The funeral director should not charge for this service unless a charge has been set up by the state.
- Burial: The permits, statutes and requirements required for interment vary by state (see below for Virginia).
- Cremation: "If the deceased did not sign a cremation authorization (on the right forms) prior to death, authorization from next-of-kin is required by most crematories." (Carlson, 55) A pacemaker must be removed prior to cremation as they tend to explode. Some crematories expect to be paid upon delivery of the body even if you will be getting insurance or other funds at a later time.
Virginia:
- "Persons in Virginia may care for their own dead. The legal authority to do so is found in: 'Title 32.1-263-B. The funeral director or person who first assumes custody of the dead body shall file the certificate of death with the registrar.'" (Carlson, 562)
- "The family doctor or a medical examiner will sign the death certificate within 24 hours, stating the cause of death. The remaining information must be supplied, typewritten or in black ink. The death certificate (two copies) must be filed with the local registrar within three days and before final disposition or removal from the state." (Carlson, 562)
- "A body may be moved with medical permission. A burial-transit permit is required only for out-of-state disposition. The death certificate must be obtained first. In all cases the local registrar must sign line 30 of the death certificate before disposition." (Carlson, 562)
- "The state requires no additional permit for disposition by burial. There are no state burial statutes regarding depth. A sensible guideline is 150 feet from a water supply and at least two feet of earth on top. Check with the local registrar for zoning laws regarding home burial." (Carlson, 563)
- "A permit for cremation or burial at sea must be obtained from the medical examiner. The usual fee for this is $50. There is a 24-hour wait before cremation or burial at sea unless visual identification is made by next-of-kin. Most crematories insist that a pacemaker be removed, and authorization by next-of-kin is usually required." (Carlson, 563)
Conclusions:
I didn't visit a funeral home because I found it to be unnecessary and undesirable. Unnecessary since a) the few regulations related to disposition of the dead do not preclude us from performing any of our ritual practices, b) many more people involved than those at a funeral home (funeral director, obituary editor, medical examiner, cemetary director, etc.) and each of these have their own perception of the regulations (right or wrong) and c) the regulations change frequently and are just as frequently ignored. Undesirable due to the funeral home's demonstrated practice of using such visits for lists of friends and relatives as targets of high pressure tactics.As to my own desires (after doing this research), I would like to say, for the record, I want to be placed in an inexpensive box and cremated.
Works Cited
- Carlson, Lisa (1998) "Caring for the Dead: Your Final Act of Love" Hinesburg, VT: Upper Access Books. ISBN 0-942679-21-0
