Arrangement Conference: Disposition Authority, Funeral Rule Disclosures, and Contracts
This domain tests who has legal authority to control disposition, what must be disclosed before selections are made, and how the arrangement conference should be documented.
Disposition authority
Indiana recognizes a decedent's written designation of an agent for disposition and then a statutory priority that generally begins with the surviving spouse, followed by adult children, parents, siblings, and then a guardian or next of kin. The authorized person controls disposition and is liable for reasonable costs. If relatives disagree, do not let the loudest or the payor sign; obtain written authorization and, where needed, legal advice.
FTC Funeral Rule
16 CFR 453 requires a General Price List at the start of in-person arrangements, a Casket Price List before caskets are shown, and an Outer Burial Container Price List before vaults are shown. Disclose that embalming is not required by law except in specified public-health circumstances, and do not charge for it without authorization. Give accurate telephone price quotes and itemize cash-advance items.
Contract and records
The contract should identify the purchaser, the authorized agent, the decedent, the goods and services selected, prices, cash advances, payment terms, and required disclosures. Keep signed authorizations, itemized statements, and permits.
Worked example
Two adult children disagree: one wants burial, the other cremation. If the decedent left a signed written designation naming the burial child, follow it. If not, apply the statutory priority. If the disputants are same-priority relatives, do not guess; require written agreement or a court order before proceeding.
Traps that cost marks
Assuming the payor controls disposition; bundling a casket into every cremation package; telling a family that embalming is always legally required; discussing prices before giving the General Price List.