ecologically sound burial alternatives |
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Legalities &
Procedures
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Florida –
What to do at the time of death... |
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Table of Contents TOC In a Nutshell: Quick Overview Back to our HOME PAGE Who we are and what we do. ABOUT US What to do at time of death: DEATH DO a short, printable primer. DIY Frequently Asked Questions FAQ Pets welcome! PET BURIAL Natural Beauty PHOTO GALLERY Scenes from the preserve. The alternative to burial in a shroud or favorite blanket: CASKETS Sensible and approved. Links to other green sites: LINKS DIRECTIONS & MAPS Our plans: PERSPECTIVE Glendale Memorial Nature Preserve 297 Railroad Avenue DeFuniak Springs Florida 32433 Telephone: 850 859 2141 Click here for PRINTABLE VERSION DYI Do It Yourself Schedule a tour of the preserve. Download brochure (PDF 2.8mb) Schedule a look at our bamboo groves! Download brochure (PDF 2.1mb) |
1.
Is
a
licensed director or funeral home required by law? 2. What is the first required step for the family member(s) taking charge? 3. What if the person dies on the way to the ER, or at the nursing home? 4. What will the Office of Vital Statistics need to know? 5. What if the body is to be cremated? 6. What if the deceased has been under licensed Hospice care? 7. How soon does someone have to go into the ground? 8. Can family members perform a graveside funeral? 9. Is this what is meant by the term "traditional burial"? 10. Are there additional social or legal concerns? 11. Are there any situations where a funeral home or director can legally claim a body despite the wishes of family members? 1. Is a licensed director or funeral home required by law? No. The body belongs to the next of kin. It is often falsely assumed that the services of a licensed funeral home or director are required by law to move a body from the place of death, to notify the proper authorities, and to finally bury the body. On some occasions, where hospital and nursing home staff are rewarded for telephoning a particular funeral home at the time of death, the person in charge may have to be reminded that it is legal for a family member "or other person" – Fl statute 382-002(7) – "who first assumes custody of or effects the final disposition of a dead body" to take charge of the proceedings. It should be noted, however, that this person or family member must follow the same Florida statutes and procedures required of licensed funeral directors. [top] 2. What is the first required step for a family member taking charge? If it is a sudden or accidental death occurring at home, the local police should be notified to ensure no foul play was involved. Once convinced, the officer will then contact the Medical Examiner's Office. In the case of a natural death a doctor will be needed to examine the body and sign a death certificate, in which case the Medical Examiner's Office will usually decline jurisdiction of the body. If the patient has been under the regular care of a physician licensed in the State of Florida, and the physician states that he/she will sign the death certificate, and no foul play is suspected, then the death can also be reported to the Medical Examiner's Office via an "Attended Death Report". Be sure to make certified copies of the death certificate for later use by insurance companies, banks, the local clerk of the court, and the like. [top] 3. What if the person dies on the way to the ER or at the hospital or nursing home? This makes obtaining a death certificate easier, but requires a transit permit from your local Office of Vital Statistics for the body to be moved back home or to the burial ground. Once this is obtained, and the Medical Examiner's Office has declined jurisdiction, the body must be released back to the family on request. Resist any pressure from funeral home representatives, if present, to release the body to them. If an offer is made to transport the body for you, the point-to-point cost of that transportation – in writing – should be obtained before accepting. A family member's personal van, large SUV, or pickup truck are all perfectly normal means for transport at a savings which can be thousands of dollars. [top] 4. What will the Office of Vital Statistics need to know? a. The decedent's name, date of death, and location of death. b. The family member's name, address, phone number, and relationship to the decedent. The registrar may also advise you of any other information required. 5. What if the body is to be cremated? This must be reported to the Medical Examiner's Office and so noted on the death certificate. Additional death certificate information and a "Cremation Approval Form" may be required to adequately explain a non-traumatic (i.e. non-medical examiner) cause of death. [top] 6. What if the deceased has been under licensed Hospice care? The Hospice contact has the legal authority to bypass the police and medical examiner requirements. 7. How soon does someone have to go into the ground, especially in Florida during the summer? What does the law say? The body must be "buried, embalmed, OR refrigerated" within or immediately after 24 hours of death. Refrigeration is a way of keeping the body below 40 degrees F. Most funeral homes have coolers. Refrigeration is also done with dry ice, and often with gel packs, regular ice (in bags to keep the water from making a mess as it melts), or simply by turning the AC (home or auto) to the coldest setting. [top] 8. Can family members perform a graveside funeral at Glendale Memorial Nature Preserve? Yes. Our experience so far – a graveside burial without professional or commercial help – has been beautiful, and the feedback was positive. 9. Is this what is meant by the term "traditional burial"? Yes. A traditional burial is one performed by family members and friends, as opposed to the hiring of for-profit businessmen to handle the details. Current burial practices involving the funeral home business are relatively new. The traditional burial goes back thousands of years to the present day. Because a traditional burial does not generate any profit, however, there is no massive marketing strategy to keep it in the public eye. [top] 10. Are there additional social or legal concerns? a. It is always best for family members to determine what the decedent's wishes are in advance, if possible, and then to get together with a plan beforehand. This will lessen the need to make decisions during a time of emotional stress. If a traditional burial at Glendale Memorial Nature Preserve is planned, printed copies of this webpage could also help at time of need, especially when confronted with persons or officials who need to know you are aware of your legal rights. b . An obituary may be sent to the press if desired. c. The Social Security Administration should be notified by telephone, and any checks received during the month following the death must be returned. 11. Are there any situations where a funeral home or director can legally make claim to a body despite the wishes of family members? No. Only when the county or state has contracted with a business for the handling of unclaimed bodies, where next of kin cannot be found and notified, is this legal. [top] Click here
for printable version
For other questions, please see our FAQ page, or contact us. For a personal viewpoint by someone who has been through the process see Les Nash's account re the burying of his mother |