FN MGT III Counseling Lab

When does the federal trade commission require the GPL be given?

Must be given to ANYONE who asks, in person, about funeral goods, funeral services OR the prices of such goods and services.

How does the rules around whe4n the GPL must be given apply to the arrangement conference?

You do NOT have to give the GPL as soon as someone walks in. However, the GPL MUST be offered when beginning to discuss any of the following:

• The type of funeral or disposition that you can arrange

• The specific goods and services that you offer

• The prices of your goods and services.

What phrase should you avoid when giving someone a GPL and why?

“the law requires me to provide this.”, because it sounds like you wouldn’t do it unless the law required it

The GPL must be given to the family for ___________

retention

What are the six mandatory disclosures required on the GPL?

• The consumer’s right to select only the goods and services desired

• Embalming

• Alternative Containers

• The Basic Services Fee

• The Casket Price List

• The Outer Burial Container Price List

*THESE DISCLOSURES MUST HAVE IDENTICAL WORDING* PROVIDED BY THE FTC

Does the Casket Price List and Outer Burial Container Price List have to be separate price lists?

No. The range of casket and outer burial container prices must be in the GPL. However, all casket and outer burial container prices may be included in the GPL but often are listed in a separate document called the Casket Price List and Outer Burial Container Price List.

When do the casket and OBC price lists get presented?

BEFORE you take the family into the selection room or before you begin discussing casket and OBC selection.

• This should be part of the transition to the selection room.

Is the CPL and OBCPL given for retention?

It is not required that this be given for the family’s retention. However, it must be presented for viewing during the arrangement conference and BEFORE entering the selection room or discussing caskets/outer burial containers.

What items are on the standard cremation authorization form?

1. Identification of the deceased

2. Funeral home and crematory information

3. Identification of Authorizing Agent

4. Authority of the Authorizing Agent

5. Pacemakers, Implants and Prostheses

6. Casket or alternative container. (Others?)

7. The Cremation Process

8. Urn or Temporary Container

9. Final Disposition

10. Personal Property

11. Visitation and Funeral Ceremony

12. Time of Cremation

13. Certification and Indemnification

Describe the Identification of the deceased section on a cremation authorization form

Must obtain Social Security number. Cremation, in the state of Ohio and Kentucky CANNOT take place otherwise

BECAUSE CREMATION IS IRREVERSIBLE, IDENTIFICATION OF THE DECEDENT IS REQUIRED BY ONE OF THE FOLLOWING:

1.Authorizing agent physically views the deceased

2.Representative of the Authorizing Agent views deceased

3.Authorizing Agent view a photograph of the deceased (permission obtained for photograph)

Describe the Funeral Home and Crematory information section on a cremation authorization form

Must provide both, especially if using a 3rd party crematory.

• If using a 3rd party, the authorization will likely be the authorization form that you obtain from the crematory.

Describe the Identification of Authorizing Agent section on a cremation authorization form

The Authorizing Agent MUST provide their details:

• Name

• Phone number

• Address

• Authorizing Agent’s relationship to deceased

I recommend obtaining a copy of a government issued ID: ie: Driver’s License (CYA and due diligence is important)

Describe the Authority of the Authorizing Agent section on a cremation authorization form

This is the portion of the authorization that states that the authorizing agent that is signing for the cremation is the legal authorization. There are 3 options to select from:

• The authorizing agent has no knowledge of anyone with a higher authority than them to authorize the cremation

• There is another living person with higher authority, but that person has provided IN WRITING, that the person signing has their permission to authorize the cremation.

• There is another living person and all attempts have been made to contact that person to no success. “I have no reason to believe that such person(s) would object to the cremation.”

Varies by state…..*KNOW YOUR STATE LAWS*

Describe the Pacemakers, Implants and Prostheses section on a cremation authorization form

Must provide a description of the device (pacemaker, defibrillator, pain stimulator, etc)

2 options

• No, the deceased does not contain a device

• Yes, the deceased contains a device, and I (the authorizing agent) am instructing the funeral home to remove the device and dispose of the device unless the authorizing agent indicates that they would like the device returned.

Describe the Casket or alternative container. (Others?) section on a cremation authorization form

Notice there is a disclosure about alternative containers. This section simply describes an alternative container and what the purpose of it is as well as gives permission to remove noncombustible casket components prior to cremation

Describe The Cremation Process section on a cremation authorization form

There is a disclosure that accompanies this portion of the authorization. Which states 5 things:

1. Describes the cremation process

2. Discloses that personal effects that are left with the deceased will be destroyed in the process

3. Discloses that noncombustible personal effects (jewelry, bridgework, etc.) will be removed from the bone fragments and disposed of by the crematory.

4. Discloses that cremation does not reduce to “ash” and that when the remains are removed from the chamber, there are “recognizable bone fragments” and they will be “mechanically pulverized”

5. Discloses that during the cremation process and pulverization, comingling of residual cremated remains is unavoidable

Give the authorizing agent a few minutes to read the cremation and pulverization disclosure before they initial next to it.

Describe the Urn or Temporary Container section on a cremation authorization form

There is a disclosure that accompanies this as well. Simply, this states whether or not the cremated remains are to placed in an urn or temporary container.

• Also asks for the authorizing agent to “acknowledge” that it is impossible to collect all of cremation particles

Describe the Final Disposition section on a cremation authorization form

2 options:

• Gives permission to deliver cremated remains to the funeral home

• Gives permission to deliver cremated remains to another place. Note that the authorizing agent must name where they are being delivered and who they can be released to

Disclosure: states the time frame in which the family must pick up cremated remains from the funeral home. This varies by state! Know your state laws!

Describe the Personal Property section on a cremation authorization form

Simply states, again, that any personal property left with the deceased will be destroyed during the cremation process.

• Also asks for a list of personal property to be returned to the authorizing agent

Describe the Visitation and Funeral Ceremony section on a cremation authorization form

This portion is solely meant for families that have selected to have an open casket visitation/funeral.

• States the date, time and place for the ceremony.

Describe the Time of Cremation section on a cremation authorization form

Allows for the authorizing agent to name a specific time and date that the cremation is to take place.

2 options

• Cremation may take place as the crematory’s schedule allows

• Cremation needs to take place on a certain date and time

Describe the Certification and Indemnification section on a cremation authorization form

Funeral home is relying on the representations of the authorizing agent (What provision is this? right to rely)

• Certifies the Authorizing Agent has provided accurate information

• Authorizing Agent agrees to indemnify and hold harmless the funeral home and crematory, officers, directors, employees and agents from ANY and ALL claims, actions, causes of action that are a result of the statements and directions given in the cremation authorization.

  • Time

  • Date

  • Authorizing Agents Signature

  • Witness

What is the only verbal contract that is allowed in funeral service?

Embalming permission

Does obtaining verbal embalming permission require the presentation of the GPL?

No! According to the FTC, a GPL does not need to be presented when obtaining embalming permission.

• However, many funeral homes will have the family sign an embalming authorization form so that there is physical proof of the legal NOK giving embalming permission.

What do some funeral homes do concerning embalming permission?

Some funeral homes use a form for embalming authorization that has two options:

• Yes, the NOK has given permission for the embalming preparation to take place

• No, the NOK has declined any embalming preparation.

Can you be criminally charged for embalming a body without permission????

Yes, its considered mutilation of a corpse

What is the statement of goods and services?

An itemized list of goods and services that the consumer has selected during the arrangement conference.

• Allows for the consumer to evaluate their selections and to make and desired changes

• MUST be given at the end of the arrangement conference!!!!

How does package pricing work on a Statement of Goods and Services?

You must offer itemized pricing. However, you may include package pricing in ADDITION to itemized pricing.

• On the Statement of Goods and Services, you must write “included” next to the items that are included in the package price.

Sales tax varies based on the state in which you are ______________

licensed/working

In Ohio, sales tax is only to be applied to:

• Merchandise selected

• Limousine Rental

What disclosures are required by the FTC to be on the statement of goods and services?

• Legal Requirements Disclosure

• Reason for embalming

• Cash Advance items, if they are “marked-up”

What are some other considerations concerning the statement of goods and services?

• Many funeral homes also outline their payment policy on the statement of goods and services as well as any fees for late payment

• Most funeral homes require that the bill be paid in full on or before the day of the visitation/service.

When making arrangements with families, it is a good idea to keep a ______________ as they make selections.

“running total”

Why is it helpful to keep a “running total” as the family makes selections?

• This is especially helpful for families that are on a budget.

• If you keep a running total, you are able to tell the family how much they have spent of their budget before they select merchandise.