usually require violators to undergo training, participate in additional testing, and pay fines. Specific laws and guidelines may fall under the scope of different agencies. In Minnesota, for example, a rule under “Regulation of Trade Practices” prohibits insurance companies or agents from promoting a specific funeral home (§72A.325); Chapter 149A regulates mortuary science, licensing, and solicitation practices and contains the state’s version of the Funeral Rule, which is more stringent than the federal version. Chapter 525, the Uniform Probate Code, discusses who receives trust funds. Each state is organized differently. of intent by assigning a representative the right to dispose of the person’s body in any manner the representative desires. The customer can thus designate the person he or she trusts the most—which might not be the same individual responsible under state law. It is wise to honor a customer’s written requests, even without a personal preference law. Courts tend to honor nearly all wishes. agent may not visit a hospital, a gravesite, or a visitation in order to solicit business without receiving a request from the solicitee. Without a specific request from the individual involved, he or she cannot solicit from a person about to die or, for a certain period of days after death, from the person controlling the decedent’s body. Some state statutes, such as that of Massachusetts, are broadly worded: They prohibit any attempts to sell preneed contracts in “false, deceiving, deceptive, misleading, coercive, intimidating, or threatening” ways [239 CMR §4.11(3)]. The Funeral Consumers Association recommends that funeral agents be prohibited from any form of solicitation, direct or indirect, of a consumer in a health care or retirement facility unless the consumer has explicitly requested it. (“Any form of solicitation” would include offering gifts to hospital personnel.) Furthermore, the FCA believes that a customer should be solicited by telephone, fax, or by email only if they have consented to it in writing. One funeral professional suggests that a director who obtains contact information from funeral attendees specifically ask them if they would like to be contacted. This professional also recommends waiting at least two weeks before contact and then emailing the request. He also advocates better use of technology, noting that many funeral homes lack websites that address the needs of recent funeral attendees. For example, the main page could include a menu item, such as “How Can We Help You,” and then direct site visitors to pages about posting online condolences, finding funeral service times, and requesting preplanning, if desired. Employees who resort to desperate tactics are often encouraged by places of employment that require agents to meet a preneed sales quota. Sales people receive incentives, commissions, or other rewards for sales. According to a law review article, one funeral conglomerate expects its new salespeople to average at least one dollar in every preneed sale for every at-need one; after six months, the ratio becomes 1.5 preneed for every dollar at-need. The same company rewards top sellers with prizes and vacations abroad. Salespersons that lag in their required preneed sales volume may be fired, even if their at-need sales are sufficient.
The FTC has focused strong efforts on conducting unannounced “sweeps” of funeral homes. Agents act as members of a family, or “shoppers,” in order to ensure a funeral home’s compliance with the law. Again, it is essential for any funeral professional to know his or her specific state regulations regarding funerals, embalming, preneed contracts, and Medicaid (each state has its own limit as to how much a person can put into a preneed account for Medicaid spend-down purposes). Additionally, there are often rules that specify that any money left after a funeral that is paid for from such an account must be returned to the state, not kept by the home or given to the beneficiaries. Penalties for businesses found in violation Designated agent and statutory obligation laws More than half of all states have enacted a personal preference law, a statutory obligation for survivors to honor the written wishes of the deceased (with the exception of cremation in a few states). In Ohio, for example, a person can specify that the arrangements of the preneed contract must be followed; a state-provided form is used. If a person doesn’t have details in mind but wants a specific person to make the arrangements, he or she can execute a declaration Ethical practices for advanced funeral planning Imagine that a customer discusses an important, expensive purchase, which relates to a subject that evokes strong feelings. The customer knows very little about his or her options and about how the planning process is executed. Some of his or her friends and family have chosen nontraditional products and services and have been satisfied with the results, but the consumer is not sure what these products were—or even their benefits and disadvantages. The agent knows all the tricks, but can the agent be trusted? Now, consider that the agent gives the consumer a price list written in a language that he or she can understand. The price list explains the meaning of terms that the consumer is not familiar with, and the font and type are large enough that he or she does not have to squint. The agent explains many of the options and appears even-handed, discussing the advantages and disadvantages of each. The atmosphere he or she creates relaxes, and the consumer is comfortable. The agent summarizes the discussion in writing and advises the consumer to review the options carefully and consult with his or her family and trusted advisors. The likelihood that this individual will utilize this provider is very high. On the contrary, some funeral chains or homes engage in unprofessional or inappropriate practices: They pursue customers by borrowing guest books at funerals to obtain contact information for funeral attendees. They approach persons visiting graves, call funeral attendees a few days after the funeral, and give gifts to intensive-care nurses and priests to entice them to recommend their home. One example published in newspapers nationwide concerned an outraged woman who wrote to “Dear Abby.” She explained that a funeral home where she had attended a funeral took her contact information and called her two days later, advocating preneed arrangements. These strategies tend to backfire: Potential customers (both Baby Boomers and Generation X) have become more savvy and better informed about funerals, as well as increasingly cynical and skeptical about pushy sales tactics. State statutes may limit how a provider or an agent contacts a customer. Some states, for example, prohibit paying money or other valuable considerations to secure business or obtain the authority to dispose of a dead body. An
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