Occupational licensing by state regulatory authority is a common practice in many professional fields, which includes the licensing of funeral directors and embalmers.
When consumers consider contracting for cemetery and funeral merchandise or services, whether on a preneed or an at-need basis, important information that may influence purchasing decisions should be available. Chief among this data are truthful and accurate prices given in written form prior to a purchasing decision being made.
Each cemetery authority is confronted with the legal obligation of maintaining and protecting interment spaces and the cemetery from damage by third parties in a manner that does not unreasonably restrain the exercise of free trade. As a result, it is generally recognized that a cemetery authority has the right to publish and enforce rules and regulations governing activities within the cemetery.
Trust-funded and insurance-funded prearrangements offer different advantages to purchasers. Each purchaser should compare the features of each funding method when deciding whether to convert prepaid contract trust funds to insurance.
The dedication of a new cemetery creates a permanent addition to the community. The extent of the design and planning, financing and long-term maintenance arrangements by those who own or control a cemetery, identified herein as the “cemetery authority,” will determine whether the cemetery is ultimately an asset or detriment to the community.
The necessity to retain documentation relating to funeral and final disposition transactions will vary according to the type of facility, the nature of the transaction, and the type of information involved. For example, cemeteries open with the intent of lasting forever.