FASES DE OCUPACIÓN Y DESTRUCCIONES

By statute and regulations, the federal government and state of Virginia have set up procedures to be fol- lowed by providers of funeral services. For example, itemized price information must be given over the tele- phone and confirmed in writing if requested. The required written confirmation is quite detailed and should be requested. The legal requirements governing cemeteries and crematoriums vary and the funeral director is obligated by law to give you the correct information about your particular case. For example, embalming is not required by law, but the funeral director can require that, if it is not desired, the casket be kept closed. If cremation is desired, a casket is not required. You do not have to purchase any goods or services you do not want. Any questions or complaints should be directed to the Board of Funeral Directors and Embalmers, (804) 6629907. Their offices are at 6606 West Broad Street, 4th Floor, Richmond, VA 23230-1717.

Planning Ahead

Planning before the time of need or before the funeral has many advantages. Your wishes concerning your funeral can be specified to eliminate confusion and differences of opinion among survivors. The funeral expenses can be paid in advance, either in full or in installments, to eliminate financial burden at the time of need. Many funeral homes will agree to furnish goods and services at a set price, no matter when you die. These arrangements can be funded through a trust or by specially designed insurance policies. Cemetery property can be purchased in advance and an appropriate monument can be secured. Any directions regard- ing the use of your body for medical research or for organ donations can be given to the funeral establish- ment of your choice. Individuals who will be responsible for arrangements should be made aware that you have completed these details. If arrangements have been made with a particular funeral home, they can be transferred to another on request. You can always change or cancel the arrangements.

Consumer Guide

Be aware of pre-arranged funeral plans which do not specify exactly what you will receive. A Federal Trade Commission Funeral Rule and laws in some states enable you to get the information you need to make deci- sions. You have the right to information regarding the costs of individual items and services, and if you inquire in person, the funeral home must provide a written price list of goods and services. Be sure to shop around and note whether or not the various plans guarantee a fixed price.

Be aware of claims delivered by dishonest salespersons. Especially be aware of salespersons who claim that the decedent ordered additional goods/items that you must now pay for. Always insist on proof that the dece- dent did order the goods.

Planning at Time of Need

When making funeral arrangements at the time of need, your funeral director will need certain informa- tion, such as the following:

Full Name Date of Birth Place of Birth

Social Security Number Occupation

Father’s Name

Mother’s Maiden Name Marital Status

Education Level Attending Physician

Newspapers for Obituary Insert Place Service is to be Held Minister to Officiate Church Affiliation

Cemetery Plot Information

Military Discharge Information and Serial or Service Number Pallbearers

Services and Merchandise to be Furnished

Be sure that this information is also given to those people who will make the arrangements and/or the funeral home of your choice.

Benefits

Social Security

Claims by your executor or heirs should be filed as soon as possible with your nearest Social Security office. You should inquire about the following items:

Lump sum benefit death payment for surviving spouse. Life pension to widow over 60 years of age.

Pension to widow with dependent children.

Widows, widowers, divorced wives, and divorced husbands age 50 and older, if they are disabled. Pension to decedent’s minor children.

Medicare.

Social Security ceases at death so checks should be returned to your local office or to the return address on the envelope in which the check is sent explaining the situation. Be sure to keep a copy of the check and for- warding letter. If direct deposit is being used, the bank will, upon notification, take care of the problem. Veterans

Anyone who was a member of the military at the time of death or honorably discharged from the military is eligible for benefits. You should inquire about the following items:

Pension to widow or minor children. Burial in National Cemetery.

Burial flag to drape casket.

Grave marker to mark grave of a veteran. (After 1980, a veteran must have served at least 24 months of active service or have been a Persian Gulf War veteran to be eligible for a marker.)

Miscellaneous

Other benefits such as retirement and life insurance will vary. Information on such items should be obtained directly from the source paying the retirement or insurance benefits. Be sure to check with the dece- dent’s employer for any death benefits that may be available.

When Do You Need a Lawyer?

Older persons may face problems with Social Security, SSI, Medicare, Medicaid, pensions, housing, con- sumer issues, guardianship, age discrimination, wills and probate, and long term care. They also may need assistance with planning through advance directives and durable powers of attorney. An attorney may be most valuable in providing help with such problems. Because early consultation with an attorney can prevent seri- ous problems later on, you should consider consulting a lawyer for the following situations:

Before signing a contract to buy, sell or rent a home or other real estate; Making a will;

Signing written contracts with major financial consequences; When planning your estate;

When you are sued or want to sue someone;

When accidents occur involving personal injury or property damage;

When you have problems accessing government benefits to which you believe you are entitled.

An attorney can also provide valuable help with problems involving landlord-tenant disputes, divorce, and child custody.

How to Find a Lawyer

If you do not have a family lawyer, you may wish to consult friends and relatives for recommendations. The lists in the Helpful Contents section at the back of this handbook may be useful in your area. Otherwise, you can also check with the following local agencies and support groups:

Area Agency on Aging

State or Local Bar Association

Membership organizations such as the American Association of Retired Persons Alzheimer’s Association

If you cannot afford an attorney, state and local bar associations may have information about pro bono pro- grams, which operate for the good of the public and do not charge lawyer’s fees. Some states operate toll-free legal hotlines for seniors. Legal advice for simple matters is provided directly over the phone. For those mat- ters which cannot be resolved by phone, referrals are made to local attorneys.