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The Beckton’s, a family divided, used your services specifically because after two full days of their calling, re-calling, and an inconvenient walk-in, determined “you’re the cheapest.”  Now they’re complaining to the state board

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The Beckton’s, a family divided, used your services specifically because after two full days of their calling, re-calling, and an inconvenient walk-in, determined “you’re the cheapest.”  Now they’re complaining to the state board of funeral service that you were indifferent to their needs, unfair and vague with your pricing, refused reasonable requests, and provided them an overall “bad” service.  Above all, you’re unpaid.  A board of inquiry from your state’s funeral licensing division has sent you a questionnaire and is demanding a response to the situation within 30 days. 

It started with a typical inquiry.  First, a cousin phoned, on behalf of the immediate family, wanting to know the pricing for a “full-service funeral,” or in her words “how much for the whole shebang?”  You report that you patiently offered pricing and options; however, after the fourth call with as many callers your patience grew thin at the prospect that these people had little to no idea what they were comparing, or as to what they may actually want.  They resisted your attempts to have them come in for a funeral conference, but when they finally did, it was unannounced at 9:00 PM.  You weren’t at the funeral home and had to end your dinner early just to return at 10:00 PM and answered the same redundant salvo questions.  The estranged wife decided to use your services; however, four of the six children prefer your competitor and they let you know it. 

The family grudgingly decided to cremate with a memorial service although the kids were in favor of a full funeral with burial “cause Daddy always said, don’t go burnin’ me up.”  The difference in price between a full funeral with burial and the simple cremation with memorial service was calculated to be a minimum of $5,600.  It seemed this service was decided due to finance.  All family members looked angrily at one-another when it came time to discuss payment.  One of the kids questioned their mother about a “policy,” and she said, “I’m not paying a penny to bury that jerk, and it’s up to you kids.”  One of the daughters assured the director that the children would split the cost – somehow.  Although you were quite clear that for the cost agreed upon it did not include a register book, printing, and certainly no urn or urn flower, the family was shocked not to find these at the service with one of the daughters muttering profanity and claiming they “should have used the other funeral home.” 

Daddy loved his “slow-jams,” and the family requested to play his favorite music during the visitation and for breaks during the service; however, the selections contained “suggestive and profane lyrics” and after counseling with the minister (chosen by the funeral home at the behest of the family) both of you agreed that it would be grossly inappropriate, especially in light that the service would host a lot of younger children.  You thought of announcing an advisory before you play the music, but it would be awkward to ask visitors to step out of the chapel when necessary, during the interludes then return, just to have them step out again. 

At one point, just before the service started, you needed to find the parents of an unsupervised child who broke a glass table.  The child was uninjured but the table, an heirloom, was ruined.  And, although the family originally told you the deceased was no more than 200 pounds, he was indeed 325 pounds, and the crematory charges you accordingly for an oversized individual.  You, therefore, revised your cost to the family and they believe you are pulling the old “bait-n-switch”. 

The family is now refusing to pay (assuming they ever intended to pay in the first place), and it’s clear that the state wants a full explanation as to the facts, and timeline, so they can make a determination as to whether there is a need to proceed with sanctions or close their file. 

ISSUE

The issue is “whether the family received a decent funeral; one that arose to a professional level standard or care.” 

QUESTIONS

1.     What might be some of the problems due to lack of due diligence that a funeral director may experience?

2.     Give examples of wishes of the decedent. What wishes would be considered decent?

3.     Name several ways in which the funeral director must act prudently during an otherwise routine working day.

4.     Duty is a legal fiction; in context of this module defines an order of priority. Your dad dies, you don’t have money, you didn’t much like him, and he wasn’t wild about you.  It’s your duty to bury him.  Are you legally obligated to a least give him the minimum? 

5.     A deceased is legally entitled to a decent disposal. Are funeral directors compelled to act decently?  When?  What about during their private lives? 

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