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Funeral planning laws you MUST know when helping someone bury a loved one in Florida
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Funeral planning laws you MUST know when helping someone bury a loved one in Florida

If you are helping your loved one plan funeral arrangements in Florida, there’s a lot of information you need to know. For one, funeral planning laws in Florida are different from other states in the country. 

In Florida, funeral homes are not required to provide a list of prices. This can make it difficult to compare services and choose the most inexpensive option for your loved one. Also, there’s no law that states how long funeral home staff must keep caskets or urns on display. However, many funeral homes will keep them for up to seven days. After that, they may charge an additional fee for storage.

We have compiled the most important funeral planning laws for funeral homes and cemeteries in the state of Florida. Click here to examine these laws and regulations in depth. 

A funeral home or funeral establishment is legally obligated to provide a price list for funeral services. 

This includes an itemized description of each service and the funeral home’s amount. The prices must also include all additional charges, including cash advances on items such as flowers, obituary notices in newspapers, clergy honoraria fees (if applicable), music/video rental costs (if not included with other services), etc.

 If you cannot obtain this information from your loved one’s preferred funeral director before their passing, you can contact them directly for it yourself. You should receive notice of any extra charges before they are incurred, so that there aren’t any surprises at the end.

When making arrangements with a Florida funeral home, you have the right to choose which services you want and don’t want.

This includes embalming (unless there is a state law requiring it), funeral merchandise such as caskets or urns, and even the location of the service and burial. You are not obligated to use the funeral home’s services for any of these things if you do not wish to.

Moreover, If your loved one passes away while in a nursing home or other long-term care facility, that facility may be responsible for making funeral arrangements. 

There are specific rules about who can consent for funeral arrangements when someone has died without leaving a will. 

In the state of Florida, if a person has died without leaving a will or other appropriate legal documents appointing an agent to make funeral arrangements for them, their spouse is authorized to do so. If there is no spouse at the time of death, then either parent can give consent on behalf of that deceased individual.

It may be necessary to petition the court for someone who hasn’t appointed someone as their funeral director. 

If you would like to be given power of attorney over your loved ones funeral planning, you will need to petition the court to begin the process.

Contact an attorney immediately after you have been named as executor/executrix and claim representative through probate proceedings so that they can help guide you through this process from start to finish.

If you ever find yourself planning a funeral, reference this article to remain in the legal guidelines.

Knowing the funeral planning laws for the state of Florida is imperative when it comes to burying a loved one or helping someone to do so. 

You should also contact all funeral homes and cemeteries in your loved one’s area to find out about their specific rules and regulations, as well as what services they offer. Having this information will make the funeral planning process much easier for everyone involved.

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