affirming that the notary or witness was present Examples of valid bases for complaints include Cemetery Requirements when the competent adult signed and dated the dishonesty, misrepresentation, incompetency, false • Costs may include cemetery plot, opening document and that the competent adult appeared charges for good services, fraud, false advertising, ARIZONA STATE BOARD to be of sound mind and free from duress at the intimidation/harassment, and violation of state laws and closing of grave, grave liner or vault, and OF UNERAL IRECTORS memorial or marker. time of execution of the document. stated in this brochure. F D • Cemeteries usually require a minimum container/ The document of immunity authorizes a State law requires that one person at each funeral AND EMBALMERS casket and some sort of protection to prevent the crematory, cemetery or funeral establishment establishment be designated as the “RESPONSIBLE collapse of grave after burial. to carry out the wishes of a competent adult. FUNERAL DIRECTOR.” Before filing a complaint, you 1400 West Washington, Suite 230 It is not necessary for a crematory, cemetery may want to resolve any differences by first contacting Phoenix, AZ 85007 (602) 542-3095 • Options include earth burial, entombment or funeral establishment to obtain the consent this person. If you are not satisfied, contact the Board (placement of casket in a building called a or concurrence of any other person when it for a complaint form, or state your complaint on a mausoleum), or placement of cremated remains cremates or provides for the lawful disposition of separate sheet of paper. Please type or print (in black in a columbarium niche (a room or space in a a dead human body. ink) your complaint and forward it to the Board with mausoleum). The legally competent adult must provide copies of supporting documentation. • For each option offered, cemeteries may have financial arrangements so a crematory, cemetery Additionally, establishment complaint history and inspection specific requirements concerning type of and funeral establishment can execute the adult’s results can be obtained by contacting this office. memorial or marker and minimum casket or wishes as expressed in the document. Consumer Guide to container requirements. • If a dispute arises in a family and more than one Agencies That Can Help You… • Check with the cemetery of your choice to person is legally entitled to make the disposition determine its requirements and related costs. Agency Responsible for: Arizona Funerals decision, a majority of those with the authority must consent to the cremation (example: majority State Board of Funeral Regulation of funeral Cremation Requirements of children or majority of siblings). If there is no Directors and Embalmers establishments, funeral disagreement, only one signature from someone 1400 W. Washington directors, embalmers Information • Cremation is performed by placing the deceased in the “group” is required. Suite 230 and other licensed in a combustible casket or container, that in turn, Phoenix, AZ 85007 funeral personnel, is placed in a cremation chamber and subjected • Unless arrangements are made with the funeral Phone: (602) 542-3095 crematories, and pre- to intense heat/flame. Bone fragments and dust establishment, the authorizing agent is solely FAX: 542-3093 arranged funeral trusts. are brushed from the chamber after cremation; responsible for disposition of the cremated remains. • Autopsies Office of Vital Records Certified copies of however, it is impossible to remove all of the • Cremated remains should be collected upon notice Arizona Department of death certificates, dis- • Caskets cremated remains. Because some dust and of availability. The crematory authority may dispose Health Services posal/transit permits. residue always remain in the chamber, there may of the remains in a legal manner 120 days after the 1818 West Adams be an inadvertent or incidental commingling cremation or after agreed to pick-up date. Phoenix, AZ 85007 • Cemetery Requirements of residue from previous -cremations. This also Phone: (602) 364-1300 may occur as a result of mechanically processing • Cremated remains may be buried, entombed, placed Department of Real Estate Cemeteries and • Cremation Requirements cremated remains. in a niche, scattered over private land with permission of owner or over public property (may require permit), 2910 N. 44th Street crematories on Cremations must be authorized by the County or remain in family’s possession, usually in an urn Phoenix, AZ 85018 cemetery grounds. • Donation of the Body Medical Examiner to ensure that any evidence of (wood, marble, or metal container). Phone: (602) 771-7799 criminal activity is not destroyed. Department of Insurance Prearranged funerals • Embalming • State law requires that within 15 days the authorizing 2910 N. 44th Street funded by insurance. agent sign a form authorizing cremation. Filing Complaints Phoenix, AZ 85018 Phone: (602) 364-3100 • Funeral Arrangements A legally competent adult may prepare a written Please note that not all complaints concern a matter statement directing the cremation or other lawful to which the Arizona State Board of Funeral Directors National Memorial Burials for veterans. • Prearranged Funeral Plans disposition of the legally competent adult’s and Embalmers can respond. The Board will consider Cemetery of Arizona 23029 N. Cave Creek remains. This written statement may but need not only those matters that constitute a violation of laws Phoenix, AZ 85024 be part of the competent adult’s will. and rules and cannot establish rules or regulations that would result in a restraint of trade, such as setting fees Phone: (480) 513-3600 The legally competent adult shall sign and date or dictating what services may be offered. Reproduction of this brochure is prohibited. For addi- This document is available in alternative formats. the document. The document shall be notarized tional copies, please contact the Arizona State Board or witnessed in writing by at least one adult of Funeral Directors and Embalmers. TP-10/94 • Authorizing agents are entitled to an explanation as a viewing; you authorize it; or there are Funeral Arrangements of each charge on the contract. You may change Donation of the Body special circumstances. Some cemeteries or • After death, funeral arrangements must be made your selections before you sign the contract, or • Arrangements for donating a body to a medical mausoleums may require embalming for burial or by an “authorizing agent”, even if prepaid. you may go elsewhere. school are usually made by an individual prior to entombment (placement of casket in a building called a mausoleum), but you may choose a • Authorizing agents could be a spouse, • Funeral establishments may charge in advance for death. certain items (cash advances) that they purchase funeral establishment that does not have this someone identified in a healthcare power of requirement. attorney as having authority to make disposition from a third party on your behalf. These items Embalming arrangements, next of kin, or another responsible may include cemetery or crematory charges, • Embalming is usually required if the body is being person as identified in A.R.S. 36-831. Importantly, obituary notices, death certificates, flowers, clergy, • Chemically disinfecting/preserving the body. shipped. musician honoraria, and motorcycle escorts. State if a spouse was legally separated from the • Not required by state law if remains are law prohibits charging more than the actual cost descendant or if a petition for divorce or legal refrigerated, cremated, or buried within 24 for these items without informing you that there is Caskets/Containers separation was pending at the time of death, the hours and the person has not died due to a service or handling fee. spouse cannot be the authorizing agent. certain communicable diseases. If you select • Not required by state law for burial. A rigid, • If requested, funeral establishments must provide any of these services, you do not have to pay combustible container is required for cremation. information regarding funeral costs over the Autopsies for embalming you did not approve. Note that • Crematories and cemeteries usually have their phone. funeral establishments are not required to have own minimum requirements. • Can be elective or not depending on refrigeration. • State law requires that the funeral establishment circumstances. • A casket will not prevent the natural provide you with: • May have to pay for embalming if: it is decomposition of a body. • Hospitals ask permission; County Medical required by law or provided for in the funeral — Consumer Guide to Arizona Funerals Examiners do not need permission. establishment’s policy. For example, you Information (this brochure) • May result in a high embalming fee. may have to pay if you select a service such — General Price List before discussing funeral arrangements. Plan Type Description of Prearranged Funeral Plan Cancellation Policy — Casket Price List before entering a casket Plan and purchase funeral in advance at today’s prices. Funds are placed in trust account in Cancel at any time. If within 3 days of arrangement execution, all selection room (you also may be shown casket federally-insured financial institution and are combined with funds from other prearranged funerals. monies returned. If after 3 days, funeral establishment may keep photographs or illustrations). Casket costs are Fixed Price Contract remains individually-identified. Interest stays with account and offsets inflation. The funeral no more than 15% of contract price. If payment is in installments, separate from funeral service costs. Funeral establishment may keep up to 15% of contract price for administration of funds and 10% of the no more than half may be applied to service charge. If canceled Trust interest each year for account maintenance. Sale of this plan requires licensing and regulation by before full payment, unpaid service fees are no longer due. All — Outer Burial Container Price List before State Board of Funeral Directors and Embalmers, and is audited by the State Banking Department. interest less a small administrative fee must be returned to discussing purchase of outer burial containers Taxes on plan may not be prepaid; interest must be reported on purchaser’s income tax form. purchaser. from the establishment. Plan and purchase funeral in advance, but prices are not fixed. Funds are placed in trust account. Cancellation policy is the same for a Fixed Price Funeral trust • If you are an authorizing agent, you will be asked At death, services/merchandise are charged for at current prices. If not enough funds are in (see description above) Non-Fixed at funeral arrangement to sign a contract called account, survivors must add to amount or make different choices. Any excess of trust funds are Price Funeral a Statement of Funeral Goods and Service, which given to estate of deceased. Sale of this plan requires licensing and regulation by State Board of Trust lists your selections. Read the contract before Funeral Directors and Embalmers. Taxes on plan may not be prepaid; interest must be reported on signing. purchaser’s income tax form. • Contract includes a professional fee and other Plan funeral in advance and purchase life insurance policy (not a trust plan) or annuity to This cancellation policy does not apply to single payment cover funeral costs. Plan contract may or may not be fixed price funeral with specific funeral annuities. If you cancel within ten days of receipt of policy, all itemized charges. Total charges vary widely, Insurance- establishment(s). Funeral establishment is the policy’s beneficiary. This type of plan may be sold monies are returned. If cancel after 10 days, you receive only so you may wish to compare with other Funded only by persons licensed by the State Department of Insurance. There are no income taxes payable cash value of insurance policy. If you fail to pay premium, you establishments. Funeral Plan on this type plan. Note that funeral establishments may charge an additional ”assignment fee” may receive no money back. when accepting insurance-funded plans. NOTE: Funeral establishment services, fees, and Payable- Plan funeral with a funeral establishment, and they keep record of your wishes. You have option Account is entirely within your control. You may withdraw all quality vary so you may wish to visit several estab- On-Death to set up savings account or individual trust account at financial institution to cover predicted monies at any time. Funeral establishment and survivors should lishments before you sign the contract. SAVE YOUR (POD) funeral costs. No fixed price. Interest stays in your account. Funeral establishment is the account’s be kept informed of account status, so that your wishes may be beneficiary, payable at your death. fulfilled upon your death. CONTRACT and related documents! Account