Frequently Asked Questions
What information do I need to know when
I call a funeral home after a death?
What can be done prior to death occurring?
What should one do when a death occurs?
What are the available methods of disposition?
What is embalming and its purpose?
Does the law require that a dead human
be embalmed?
How are remains donated?
Can I donate my organs with out donating
my entire body?
Can I change my mind about donating
my body or my organs after I commit myself?
What is meant by immediate disposition?
Can a body be cremated immediately
following death?
What is done with cremated remains?
Can a family bury its own dead without
using a licensed funeral director?
How do people select a funeral director?
How may I learn about funeral costs?
Is there a law that prohibits funeral
directors from advertising?
Is there a law that prohibits funeral
directors from solicitation at or near the time of death?
Should I consider a prepaid funeral
contract?*
Where does my money go?*
What if I change my mind or want my
money back?*
What if I want to change funeral homes?*
If death occurs before the prepaid
contract is paid in full, will any additional payment be required?*
Will my contract cover all my final
expenses?*
What happens if a funeral home which
sold trust funded prepaid funeral benefit contracts goes out
of business or misappropriates prepaid funds?
What information do I need to know
when I call a funeral home after a death?
The following information will allow a funeral home to begin
preparing for services:
- The name of cemetery where the deceased will be buried
- Clothing will be provided by you
- The minister's name who will perform the service
- The pall bearers' and relationship to deceased
- The music to be played at the service
- Chapel or church name and location
- The type of flowers desired for service
What can be done prior to death occurring?
Record your wishes, advise family members and even prearrange
with your funeral director.
What should one do when a death occurs?
Arrangements for disposition of the deceased generally can
be made by a spouse, next of kin or legal representative.
The normal sequence of events for handling a death is as
follows:
- Contact law enforcement official if the death was unattended.
- Death must be pronounced by a coroner, medical examiner,
or attending physician.
- Contact relatives.
- Locate deceased's letter of direction, prepaid funeral
contract, insurance policy or will.
- Contact a funeral director.
- When a death occurs out of state or country, it is advisable
that you immediately contact a funeral director in your
local area who will know the requirements that must be met,
as well as help prevent duplication of service costs.
What are the available methods of
disposition?
Human remains can be buried, entombed, cremated, or donated
for scientific study.
What is embalming and its purpose?
Embalming is the use of chemicals, internally and externally,
to disinfect and temporarily preserve the body for open casket
viewing and/or for the removal of the body to distant destinations.
Does the law require that a dead human
be embalmed?
No, Kansas law does not require embalming at any time. Most
common carriers will require that a body be embalmed prior
to shipping and the laws of the destination state will apply.
Because of the rapid deterioration of a body after death,
Kansas laws require that bodies held for over 24 hours or
in transit must be embalmed, refrigerated, or encased in a
leak and odor proof container.
How are remains donated?
Donations of human bodies to medical facilities can be made
either directly to the facility, through a funeral establishment,
or by contacting the:
KU Med Center
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Can I donate my organs with out donating
my entire body?
Yes. You may leave written or oral instructions regarding
your wishes.
Can I change my mind about donating
my body or my organs after I commit myself?
Yes. Prior to death, a person can revoke his or her donation
by destroying or canceling the instructions or by alternate
instructions to the next of kin or the person designated by
written instrument.
What is meant by immediate disposition?
Immediate disposition is the interment, entombment, or cremation
of the remains without ceremonies. Immediate disposition usually
includes transfer of the remains to the funeral home, preparation
and filing of the necessary documents and transportation to
the ceremony or transportation to and from the crematory.
Can a body be cremated immediately
following death?
Kansas law requires the cremation of any dead human body
within 24 hours after death.
What is done with cremated remains?
Cremated remains may be disposed of in a number of ways:
privately scattered, scattered at sea, scattered by airplane
in unpopulated areas, interred in a cemetery, placed in a
niche in a columbarium, or kept by the family in their home.
Can a family bury its own dead without
using a licensed funeral director?
Yes, but a family member must be acting as a designated funeral
director. statement of death and a death certificate are legally
required. Generally, local ordinances or deed restrictions
prohibit burials within city limits. Check with the State
Health Department and local zoning authorities for applicable
laws.
How do people select a funeral director?
Almost always by reputation or availability. The way a funeral
director serves families is readily known in most communities.
If you need a funeral director and for some reason do not
know one, the reference of a relative or friend who has been
served satisfactorily is one wise way to make a decision.
The best way is to know in advance whom you would select and
then visit the funeral home, examine the facilities and ask
about the prices and understand the ways in which your needs
will be served. Consider all alternatives and consult several
different firms/organizations to compare costs. After determining
where to call, be prepared to ask questions concerning all
aspects of funeral arrangements.
Prior to making funeral arrangements, you will need the following
information:
- Full name of deceased
- Occupation
- Date of birth
- Place of birth
- Social security number
- Residence address
- Spouse's name (maiden name)
- Father's name, mother's maiden name
- Place of burial or disposition
- Discharge papers, if veteran.
How may I learn about funeral costs?
Telephone Inquiries
Funeral establishments are required to give current retail
price information by telephone.
Obtaining Information
You may want to follow up with a visit to the establishment.
Any consumer entering an establishment and making inquiries
is entitled to the retail price list. By law (FTC), you must
be presented a retail price list itemizing the costs of funeral
services and the merchandise for sale from a funeral director.
These retail prices, appearing on a printed or typewritten
list which the customer may keep, must specify at least the
charges for the following items, provided they are available
for purchase through the establishment:
- Forwarding or receiving remains, to or from another funeral
home and a list of services provided for the stated price
- The price range for direct cremations, including separate
prices for cremations with alternative containers, cremations
with a purchaser supplied container, and a description of
the services and container included in each price.
- The price range for immediate burials, including separate
prices for immediate burials with alternative containers
or caskets, immediate burials with a purchaser supplied
container, and a description of the services and container
or casket included in each price
- Transfer of remains to funeral home
- Embalming
- Other preparation of the body
- Use of facilities and staff for viewing, funeral ceremony,
memorial service, and/or graveside service
- Hearses
- Limousines
- Caskets
- Outer burial containers such as vaults, grave liners,
and boxes. Such outer enclosures are not required by law,
but may be required by the cemetery.
The retail price list must include the name, address, and
phone number of the establishment, the effective date of the
price list and a notice stating: "You may choose only the
items you desire. If you are charged for items you did not
specifically request, we will explain the reason for the charges
on the written memorandum. Please note that there may be charges
for items such as cemetery fees, flowers and newspaper notices."
After completing all funeral arrangements, you must be given
a written funeral purchase agreement, signed by the funeral
director who assisted you, which lists the items you selected
from the general price list and the cost of each item.
Choosing a Casket
The price of each casket must be stated and varies depending
on the type. Caskets are not required by law; however there
may be cemetery or mausoleum restrictions regarding caskets
and outer burial containers or vaults. The law does not require
a casket for cremation but some type of container such as
a cardboard box or canvas pouch is usually required by the
crematory.
Caskets are constructed from various materials including
steel, copper, bronze, and wood. The only warranties express
or implied, granted in connection with casket products are
the express written warranties, if any, extended by the manufacturers.
There is no direct relationship between the protective features
of the casket and the preservation of the body.
Is there a law that prohibits funeral
directors from advertising?
No, but consumer protection statutes require that all advertising
to be factual and clear in content. Any misrepresentations
should be reported to the Kansas State Board of Mortuary Arts,
the Attorney General's Consumer Protection Division and your
local Better Business Bureau.
Is there a law that prohibits funeral
directors from solicitation at or near the time of death?
Yes. Solicitation means any direct or indirect contact with
the family, next of kin, or one who has custody of a person
who is deceased or near death for the purposes of securing
the right to provide funeral services or merchandise for the
deceased or the person near death.
Should I consider a prepaid funeral
contract?*
Prepaid funeral contracts are governed by Chapter 154 of
the Kansas Finance Code and are under the jurisdiction of
the Kansas Department of Banking. Such contracts are being
marketed extensively and offer the opportunity to permit a
person to fully consider his or her needs and wishes and control
the cost and nature of funeral services desired. The contracts
vary in terms and coverage and should, like any other purchase
involving a substantial sum of money, be reviewed carefully
before execution.
Kansas law requires that seller of contracts for prepaid
funeral arrangements must first apply and obtain a permit
from the Kansas Department of Banking. Do not contract with
any seller who does not have such a permit, and make certain
that the proposed contract meets the minimum Texas legal requirements,
including that a trust has been created for the proceeds from
prepaid contracts through a contract of insurance with an
insurance company licensed in Kansas, or that such trust fund
is established in a bank or savings and loan association operated
under the provisions of the Kansas Trust Act.
Where does my money go?*
A deposit fund is established with a financial institution
approved by a FDIC institution, or a fund is created by a
life insurance or annuity contract with an insurance company
authorized to do business in the State of Kansas. If a life
insurance or annuity contract is used, the person who sells
you the policy and the insurance company must be licensed
by the Kansas Department of Insurance. Ask to see his/her
license. In addition, you are entitled to receive a copy of
the policy and should be sure that you understand the benefits,
limitation and exclusions.
What if I change my mind or want
my money back?*
In a deposit fund arrangement, the purchaser can cancel the
contract prior to maturity and receive a refund in accordance
with the terms of the contract. If you have a life insurance
or annuity arrangement, you may receive only the cash surrender
value, if any, as indicated in the insurance policy or annuity
and the prepaid contract. Read and understand the cancellation
language in the policy or annuity and in the prepaid contract.
What if I want to change funeral
homes?*
If the prepaid funeral contract is in a deposit fund or if
the prepaid contract is funded by a policy of insurance, you
must contact in writing the financial institution, insurance
company and original funeral home of changes. Make sure all
parties are in agreement and be sure to get a copy of any
such agreement in writing.
If death occurs before the prepaid
contract is paid in full, will any additional payment be required?*
On a deposit arrangement, any unpaid balance would become
due at the time of the funeral. Depending on the type of insurance
policy or annuity contract used to fund the prepaid funeral
contract, expenses may not be paid in full. If you are unsure,
question the seller and/or the Kansas Department of Banking
or the Kansas Department of Insurance.
Will my contract cover all my final
expenses?*
You are entitled to receive all items shown on the contract
at no additional charge, if the terms of the contract have
been met. There may be additional charges for items that are
not part of the prepaid contract. These may include cemetery
fees, such as opening and closing the grave, and burial vaults.
You should discuss with the seller items that are not covered.
What happens if a funeral home which
sold trust funded prepaid funeral benefit contracts goes out
of business or misappropriates prepaid funds?
It would depend on whether the funeral home was a licensed
seller. If the funeral home held a valid permit when the prepaid
funeral contracts were sold, the Department of Banking would
take over the contracts and find a subsequent provider. Any
shortages to the fund would be covered by the Prepaid Funeral
Guaranty Fund. The purchaser would not suffer a financial
loss. However, if the funeral home was an unlicensed seller,
the Department of Banking will take actions in coordination
with the local District Attorney to try to recover the prepaid
funds through restitution. The purchaser can suffer a financial
loss in this situation because the Prepaid Funeral Guaranty
Fund can not be used.
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