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In a message dated 7/10/04 5:05:47 PM, Steve in Oregon writes:
John I got this out of our local paper, you can go to jail!
An investigation begun in February 2001 ended yesterday when former Brookings funeral director Wesley Eugene Scantlin was sentenced to nine months in Curry County Jail and ordered to repay $31,909.54 to the Oregon Funeral and Cemetery Consumer Protection Fund.
Assistant Attorney General Donna Maddux, who handled the prosecution, said, "We worked out an agreement."
Scantlin was arrested on a warrant in March and arraigned on charges of racketeering, which included 25 offenses.
Maddox said Scantlin pleaded guilty to racketeering, an A felony, which included the predicate offenses of misapplication of entrusted property, tampering with public records, and giving false information to the state regarding the number of funeral plan accounts he had.
Scantlin also pleaded guilty to a separate misdemeanor charge of tampering with public records, for which he was sentenced to 60 months probation and 12 months jail, suspended. He was ordered to pay unitary assessment fees, $107 for the racketeering conviction and $67 for tampering with public records.
All charges stemmed from an investigation begun after Terence Saylor, who purchased the Brookings mortuary business from Scantlin in 1999, filed bankruptcy. People began calling about prepaid funeral expense funds.
The investigation found that Scantlin had failed to place funds for prepaid funeral expenses in trust accounts and filed false records with the Secretary of State. Maddox said Scantlin filed false statements about the number of trust accounts held in order to avoid an audit.
Scantlin was ordered to serve the full nine months in jail, with no possibility of early release, and he will be on probation for 60 months. If he fails to abide by all conditions of probation, including repaying the funds to the state at a rate of $200 per month, he will serve the 12-month suspended sentence for the tampering with public records conviction.
The $10,000 security posted in May by Scantlin's wife, Patti Scantlin, has been taken by the court as partial payment of restitution.
Trial date of a former Lawrence County coroner could be set this week
DEADWOOD -- A 4th Circuit judge will weigh arguments for and against the validity of a search warrant that law enforcement officers used to eventually bring embezzlement charges against former Deadwood funeral home director Karl "Mike" Chaput.
Chaput, 53, of Deadwood faces 14 felony charges of grand theft by embezzlement and four misdemeanor petty theft charges in connection with an investigation that began in November 2002.
Judge John Bastian set an Aug. 9 deadline for written briefs from attorneys in the case, after which he will rule on whether investigators had sufficient basis to execute a search warrant on Chaput's offices in December 2002.
Brad Gordon, Chaput's attorney, is asking Bastian to suppress certain evidence and statements that his client made before his arrest on funeral trust fund embezzlement charges.
Chaput was in court on Monday for completion of a suppression hearing that was continued from June 29.
Lawrence County State's Attorney John Fitzgerald has alleged that Chaput took funds from 18 prepaid funeral trust accounts. In the trust arrangement, families and individuals established accounts to pay funeral costs in advance of their deaths. Leftover money is refunded to the survivors.
On Monday, Gordon questioned Lawrence County detective Randall Rosenau about the legal basis for a search warrant that was executed on Chaput's funeral home in December 2002.
Gordon also quizzed Rosenau regarding a subsequent interview he and state Division of Criminal Investigation agent Lance Berry conducted with Chaput and Pete Fuller, Chaput's attorney at the time.
Gordon said investigators misinterpreted state law when they presented their information to a judge to secure a search warrant. Gordon argued that the guardians of a deceased woman had no right to the leftover trust funds, according to South Dakota law, and were outside their legal rights to ask law enforcement to intervene.
Rosenau explained that when Chaput sold his assets to Pioneer Enterprises in 1998, Chaput's rights to the trust accounts went with the sale. He said that factor and other unidentified factors were used as a basis for the search warrant.
A trial date could be set later this week.
In a message dated 7/10/04 1:23:22 PM, George in Pennsylvania writes:
BRIDGEPORT, Pa. &emdash; The apartment of a Marine reservist killed in Iraq was robbed this week while family members were preparing for his funeral, police said.
Cpl. John Todd, 25, was killed last month when a roadside bomb exploded. Two other Marines were also killed in the attack.
Todd's family was getting ready for his funeral on Wednesday when a thief, who apparently was aware of the funeral, broke into Todd's apartment, ransacked it and stole his computer, police said.
Police in Bridgeport said the theft remained under investigation Thursday.
In a message dated 7/15/04 4:52:53 PM, Mike Flynn in Boston writes:
Thursday, July 15, 2004
One, uh, lucky fan will win a free cremation at today's 7:05 p.m. Brevard County Manatees game.It is part of a promotion that Buck Rogers hopes people see more as informative than over the top."Here's one that's educational," said Rogers, the Manatees' director of sales, marketing and promotions. "I think fans should take advantage of it."In an attempt to educate fans, local funeral home owners Ollie Follweiler and Charlie Sikes will man an information table on the Space Coast Stadium concourse.They will offer brochures and answers to any questions fans have about funerals and preparations for death. To dispel any suspicions that the owners of Beckman-Williamson Funeral Home in Cocoa Beach and Viera are trying to solicit business, fans won't be required to give any personal information about themselves.There will be a random drawing in the latter innings of the Manatees' game against the Sarasota Red Sox to determine the winner of the cremation (the only information Sikes and Follweiler will know about that person is their name and seat number).A certificate will go to the winner, and it can be used by any member of his or her family. The value of the cremation is $695, said Sikes.Posted Jul 15 by Ben Maller
Reston, Virginia (July 14, 2004) -- The International Cemetery and
Funeral Association's Fall Management Conference, November 10 - 13 at
the Wild Horse Pass Resort, Spa and Casino in Phoenix, Arizona, will
offer cemetery and funeral service CEOs, presidents and top managers an
unforgettable opportunity to "Discover the Leadership Spirit Within."
This educational and networking event will bring together industry
executives at a new Southwestern resort that is receiving rave reviews.
Wild horses actually roam the surrounding desert, and the picturesque
setting offers a Wild West flavor and get-away-from-it-all feeling
missing from many Phoenix resorts. Wild Horse Pass Resort, Spa and
Casino is an ideal location for recreation, relaxation and an
outstanding educational program for top executives. Program highlights
include:
* Leading business evolution -- Six Sigma expert Daniel Laux, founder
and managing partner for Avior Group LLC, will examine the various
management and leadership principles being used to meet today's top
business challenges. From TQM to Six Sigma to ISO and more, Laux will
explain how these systems work and how they can be applied to a cemetery
or funeral home.
* Making the media work for you -- Mary Jo West, an award-winning former
anchorwoman and public information officer for the Catholic Diocese of
Phoenix, will offer insider tips on dealing with today's media,
including how to generate positive publicity as well as how to handle
potentially negative press.
* Facing trends and challenges -- Executives from Carriage Services,
Service Corporation International and Stewart Enterprises will
participate in a panel discussion and Q&A period regarding trends and
challenges facing the public companies and the cemetery and funeral
service profession as a whole.
* Responding to change -- Representatives from Batesville Casket
Company, Cold Spring Granite Memorial Group and Matthews International
will share the latest consumer research and information on meeting
today's preferences in remembrance and memorialization.
* Improving sales staff retention -- Renowned sales trainer Connie
Kadansky, founder and owner of Exceptional Sales Performance, will
examine the most pressing personnel issue facing today's preneed sales
departments -- call reluctance -- and its effect on productivity and
staff retention.
* Legal and legislative update -- The ICFA Government and Legal Affairs
Committee will host a review and discussion of the latest national
developments affecting cemeteries and funeral homes.
In addition to the educational program, the conference will include
numerous networking receptions and the annual ICFA Fall Management Golf
Tournament on the Troon-managed Cattail Course -- home to the PGA's
Nationwide Insurance Tour Gila River Golf Classic. Wild Horse Pass
Resort, Spa and Casino is the ideal setting to relax and unwind with its
two 18-hole golf courses, gaming facilities, the Aji Spa -- one of the
most distinctive and attractive spas in the Valley of the Sun -- the
Koli Equestrian Center, jogging trails, four outdoor pools and the
award-winning Kai Restaurant.
For more information or to register for the Fall Management Conference,
call the ICFA at 1-800-645-7700 or visit www.icfa.org.
Founded in 1887, the ICFA is the only international trade association
representing all segments of the cemetery, funeral and memorialization
industry. Its membership is comprised of more than 6,200 cemeteries,
funeral homes, memorial designers, crematories and related businesses
worldwide.
MORE
In a message dated 7/26/04 4:13:02 PM, lacorn@icfa.org writes:
For Immediate Release
For More Information, Please Contact:
Linda Budzinski
1-800-645-7700
lacorn@icfa.org
'MANAGING THE MANAGER' DVDs OFFER EXPERTISE ON HIRING AND DEVELOPING
TOP PERFORMERS AND MANAGERS
RESTON, VA (July 26, 2004) -- The International Cemetery and Funeral
Association (ICFA) has produced two new DVDs for cemetery and funeral
home owners and managers regarding hiring, training, developing and
retaining high-performing staff and managers.
Bad hiring decisions and the failure to develop strong employees to
their full potential can cost companies thousands of dollars in lost
revenues and opportunities. The damage escalates when these types of
errors are made at the upper management levels. In "Managing the
Manager: Volumes I and II," a "who's who" of management experts from
both within and outside the cemetery and funeral service profession
offer proven, "how to" advice on optimizing staffing resources.
Managing the Manager: Volume I
Volume I includes presentations from Batesville Casket Company Vice
President of Executive Leadership Development Steve McMillen, Carriage
Services Senior Vice President of Human Resources Mark Groeneman and
professional development coach Joseph Stith. You'll learn:
* The differences between leading and managing, and how to find people
who can do both.
* Results from a Corporate Leadership Council study on leadership
covering 31 companies in six industries, and how these findings relate
to your company.
* The first question you need to ask yourself when filling management
positions.
* Going beyond assessing talent, knowledge and skills to uncover
attitudes, traits and motives when hiring and managing staff.
* Three essential ingredients you need to develop your people.
* What the U.S. Marines can teach you about coaching your staff.
* How to use a "Team Compass" to assess your staff..
* Converting the 80/20 rule to make the most of your staffing resources.
* How to praise, redirect, reprimand and use "no response" to coach and
motivate your employees.
* Specific instruction on providing timely, effective corrective action.
* Effective interviewing and selection processes.
* Designing STAR goals to lead your managers toward success.
* Setting clear expectations by establishing "green rules" and "red rules."
* Innovative ideas for developing strong employees.
* Properly structuring recognition and reward programs.
* And more!
Volume I comes with free handouts on implementing the Team Compass
approach at your location and key work-history indicators of a good hire.
Managing the Manager: Volume II
On Volume II, Forethought Financial Services Vice President of Sales J.
Christopher Burke and McQuaig Institute Vice President Michael Gravelle
draw on extensive human resources and management research to teach you:
* How to use the structured behavioral interview to nearly triple
successful hire rates.
* Getting beyond candidates' prepared interview responses to unveil
their true skills and attitudes.
* The top considerations most managers use to appraise candidates ...
and the top considerations they should be using.
* How to use a realistic job preview to reduce turnover.
* Using the SARR approach to move past generalities when interviewing
potential managers and executives.
* Five approaches to evaluating candidates.
* Specific interview questions to ask sales managers, financial managers
and operations managers.
* How to conduct "pre-emptive" reference checks.
* How to avoid common mistakes companies make in employee development plans.
* The differences between talent themes and skill sets and how to match
these up to identify and recruit top producers.
* The two talent themes critical to successful preneed sales.
* Recommended resources for testing staff profiles and identifying
commonalities among successful employees.
* And more!
Supplementary handouts include suggestions on questions to ask and key
words to listen for to identify candidates' personality profiles during
the interview and sample help wanted advertisements designed to attract
top talent.
Each DVD costs $30 for ICFA members and $40 for non-members. To order,
visit the ICFA Store at www.icfa.org or call 1-800-645-7700.
Founded in 1887, the ICFA is the only international trade association
representing all segments of the cemetery, funeral service and
memorialization profession. Its membership is comprised of more than
6,300 cemeteries, funeral homes, memorial designers, crematories and
related businesses worldwide.
MORE
**************************************************************
ICFA WIRELESS August 3, 2004 Edition Vol. 5 No. 19
**************************************************************
ICFA WIRELESS is a biweekly electronic newsletter bringing members of the
International Cemetery and Funeral Association the latest government and
legal, industry and association news. It is available to all ICFA members
current on their dues. Comments, questions and "hot news tips" are welcome.
Write to: wireless@icfa.org.
INDUSTRY NEWS
PA Court Rules 'Irrevocable' Preneed Contracts Cannot Be Revoked
GAO Changes Name, Institutes Executive Exchange Program
ICFA NEWS
In Memoriam: ICFA Past President B. David Daly, CCFE
Call for Nominations: ICFA Board of Directors
ICFA Fall Conference to Present Six Sigma Expert Dan Laux
Wide World of Sales Conference Schedule Now Online
ICFA Presents DVDs on 'Managing the Manager'
-------------------------
INDUSTRY NEWS
-------------------------
PA COURT RULES 'IRREVOCABLE' PRENEED CONTRACTS CANNOT BE REVOKED
On July 22, the Commonwealth Court of Pennsylvania overturned a state funeral
board's ruling which held that preneed purchasers can revoke a preneed
funeral contract they had designated as "irrevocable." The board originally
ruled that the funds deposited into trust could not be revoked but were
transferable to another funeral home to perform the contract. However, the
funeral home that was the original party to the contract could be removed by
the purchaser, according to the board. The court disagreed with this
interpretation.
In the case of Kevin M. Bean v. State Board of Funeral Directors, Bean, a
licensed funeral director, sought a declaratory judgment on the issue. The
court referred the matter to the state board, which ruled such contracts are
revocable. Bean then appealed the ruling to the court, which reviewed the
state funeral director statute and the relevant regulations.
The court held that state law defined preneed agreements as "a contract
executed between a consumer and a licensed funeral director which provides
that the funeral director will provide funeral merchandise and render
services to the consumer upon the consumer's death." The court ruled that
preneed contracts should be interpreted according to the principles of
contract law, not trust law. But the court held that even if trust law
applied, "unless a power of revocation is expressly or impliedly reserved,
the general principle of law is that such facts create a trust which is prima
facie irrevocable." Therefore, the court ruled that purchasers could not
revoke a preneed contract they had designated as irrevocable.
---------------------------------------------------
GAO CHANGES NAME, INSTITUTES EXECUTIVE EXCHANGE PROGRAM
As a result of a new law enacted in January, the General Accounting Office,
the 83-year-old investigative arm of Congress, has changed its name.
Effective July 2, the agency became known as the Government Accountability
Office. According to David M. Walker, Comptroller General of the United
States, the name change was intended to reflect that the GAO did much more
than accounting work. Walker stated that in 2003 the activities of the GAO
brought $35.4 million in "measurable financial benefits," which was a return
of $78 for every dollar invested in GAO.
The new law, titled the "GAO Human Capital Reform Act of 2004," also created
an executive exchange program whereby "officers and employees of the GAO may
be assigned to private sector organizations, and employees of private sector
organizations may be assigned to the GAO, to further the institutional
interests of the GAO or Congress...."
It is not clear at this point whether any exchange program has been
initiated. The GAO has investigated the funeral services profession twice in
recent years. The first time occurred in 1999 when sales practices were under
review; the second occurred last year when Sen. Chris Dodd (D-CT) and Rep.
Mark Foley (R-FL) directed the agency to review the extent of state
government oversight of funeral homes, cemeteries, crematories and related
businesses. For more information on these investigations, visit the ICFA Web
page at http://www.icfa.org/government.htm.
-----------------
ICFA NEWS
-------------------
IN MEMORIAM: ICFA PAST PRESIDENT B. DAVID DALY, CCFE
ICFA Past President B. David Daly, CCFE, president of Evergreen-Washelli
Cemeteries, Funeral Homes and Cremation Center in Seattle, Washington, died
July 31 at his home.
Daly served in many leadership capacities within the ICFA, including
president from 1986-1987. He received the association's highest honor, the
Hall of Fame Award, in 2002, and was one of only 18 people to have achieved
the designation of Certified Cemetery Funeral Executive (CCFE).
Daly was known as an innovator who was always willing to share his ideas
through articles in International Cemetery & Funeral Management magazine and
presentations at ICFA conferences. Daly and his company received numerous
ICFA KIP (Keeping It Personal) Awards for offering exceptional
personalization options to families.
Daly's funeral is scheduled for August 7 at 4 p.m. in the chapel of
Evergreen-Washelli Funeral Home, 11111 Aurora Ave. N., Seattle, WA 98133
(telephone 206-362-5200). Flowers are being accepted, as are memorial
donations to: Crisis Clinic, 1515 Dexter Ave. N., Ste. 300, Seattle, WA
98109-6210.
The ICFA extends its sympathies to his wife, Robyn, and to his co-workers and
friends at Evergreen-Washelli and throughout the cemetery and funeral service
profession.
---------------------------------------------------
CALL FOR NOMINATIONS: ICFA BOARD OF DIRECTORS
The ICFA Nominating Committee invites members to submit nominations for
candidates to the Board of Directors. The committee will select 12 candidates
for the ballot, to be approved by the ICFA Board of Directors at the Fall
Management Conference in November. The ICFA membership will then elect eight
of the 12 candidates to the board at the ICFA Annual Convention in April.
Nominations also may be made from the floor.
Nominees must be designated representatives of Regular (Cemetery, Funeral
Home or Allied) Members in good standing or must be individual members in
good standing. Board members serve three-year terms.
For a nomination form and details, visit
http://www.icfa.org/pdf/BOD_application.pdf or call 1-800-645-7700.
---------------------------------------------------
ICFA FALL CONFERENCE TO PRESENT SIX SIGMA EXPERT DAN LAUX
The ICFA Fall Management Conference, November 10-13 at the Wild Horse Pass
Resort, Spa and Casino in Phoenix, Arizona, will open with a highly
informative presentation by Six Sigma expert Dan Laux.
Laux is the former president and COO of Six Sigma Academy, a global
consulting firm for companies specializing in the management system often
credited with such success stories as Jack Welch of GE and Larry Bossidy of
Honeywell. In "Leading Business Evolution: Building and Exercising
Capabilities Within" Laux will examine Six Sigma in comparison with systems
such as TQM, ISO and the Toyota "lean" system, and will offer insights on how
cemetery and funeral home executives can take advantage of the systems that
best complement their company's leadership structure.
For more information on Six Sigma and its application to business, visit
http://www.isixsigma.com/library/content/six-sigma-newbie.asp.
For a complete description of the ICFA Fall Management Conference program and
to register, visit http://www.icfa.org/fall04.htm or call 1-800-645-7700.
---------------------------------------------------
WIDE WORLD OF SALES CONFERENCE SCHEDULE NOW ONLINE
The "Wide World of Sales," ICFA's Sales Management & Marketing Conference,
will bring together hundreds of the cemetery and funeral service profession's
most successful preneed sales managers for two days of high-energy,
information-packed education and networking.
On January 13-14 at the Hilton New Orleans Riverside, the ICFA Sales &
Marketing Committee will bring together dozens of speakers on topics such as
lead generation, effective presentations, handling objections, ethnic
marketing, family service, cremation, recruiting staff, Do Not Call
compliance and more!
The complete schedule and session descriptions are now available at
http://www.icfa.org/sales05.htm or by calling 1-800-645-7700.
---------------------------------------------------
ICFA PRESENTS DVDs ON 'MANAGING THE MANAGER'
Bad hiring decisions and the failure to develop strong employees to their
full potential can cost companies thousands of dollars in lost revenues and
opportunities. The damage escalates when these types of errors are made at
the upper management levels.
"Managing the Manager: Volumes I and II" offer expertise on hiring, training,
developing and retaining top managers and high-performing staff, presented by
a "who's who" of management experts from within and outside the cemetery and
funeral service profession.
Volume I highlights include:
* Results from a Corporate Leadership Council study on leadership covering 31
companies in six industries, and how these findings relate to your company.
* Going beyond assessing talent, knowledge and skills to uncover attitudes,
traits and motives when hiring and managing staff.
* How to praise, redirect, reprimand and use "no response" to coach and
motivate your employees.
* How to use a "Team Compass" to assess your staff.
* Converting the 80/20 rule to make the most of your staffing resources.
* Effective interviewing and selection processes.
* And much more!
Volume II highlights include:
* How to use the structured behavioral interview to nearly triple successful
hire rates.
* Getting beyond candidates' prepared interview responses to unveil their
true skills and attitudes.
* The top considerations most managers use to appraise candidates ... and the
top considerations they should be using.
* How to use a realistic job preview to reduce turnover.
* Specific interview questions to ask sales managers, financial managers and
operations managers.
* How to conduct "pre-emptive" reference checks.
* The two talent themes critical to successful preneed sales.
* And more!
Both DVDs include a set of handouts with the Power Point presentations and
supplemental information. The DVDs cost $30 each for ICFA members and $40 for
non-members. To order, visit http://www.icfa.org/Merchant2/merchant.mvc or
call 1-800-645-7700, ext. 216.
In a message dated 7/18/04 12:07:37 PM, Mike Flynn in Boston Mass writes:
On the ocean floor, this lavish recreation of Atlantis will be the new American way of death
It is 40 years since Jessica Mitford's hilarious expose of the practices of US funeral industry, The American Way of Death, was published. But even she could not have forseen this: the world's first seabed cemetery - the man-made Atlantis Memorial Reef, which will offer a final resting-place for 21,000 people.
Designs for the reef, to be built in 40ft of water on the ocean floor off the Florida Keys, reveal a lavishly-sculpted fantasy city with lofty columns, plazas and heroic statues reminiscent of Bernini's works in Rome.
The columns will be moulded from a mixture of concrete and the cremated remains - or "cremains" - of the recently deceased, up to 16 sets of ashes per column, according to Gary Levine, the businessman behind the project. The cost of moulding cremains into a basic paving stone will be $1,500 (£800). A lofty position atop a column, however, will cost $3,900.
"If someone wants his remains to be the sole ashes in a major sculpture - Neptune, say - it will probably cost a million bucks," said Mr Levine, 57. "I'm sure we'll have a few of those."
His father's ashes will be granted a mid-column slot. Sidney Levine died five years ago, aged 81. "He was a Navy man in the Second World War and my mother is thrilled to think of him being reunited with the sea," said Mr Levine. "We have had his remains removed from the Veterans' Cemetery."
The family of Roby Yonge, Miami's first rock 'n' roll disc jockey, who died in 1997, have also committed his cremains to the Atlantis masonry.
"It's a wonderfully fitting place for my father's ashes," said his daughter, Lisa Gelfand. "He spent many happy years sailing over these very waters. And he was always fascinated by the thought of lost civilisations, that there might be something mysterious beneath the surface of the Atlantic."
The project is aimed squarely at America's Baby Boomers, a 76 million-strong group who, in the delicate language of the funeral industry, "have finally come of age for death-care purposes".
Mr Levine was inspired by a report that between six and seven million cremation urns sit on American mantelpieces, in cupboards, or in attics and garages.
He believed that relatives would welcome a more creative final resting place.
According to Mr Levine, they will be able to visit the sculptor's studio while the ashes are mided with cement. His company, AfterLife Services, will also encourage relatives to don scuba gear and pay their respects at the watery graves.
With land for burials fast running out in Florida, the cemetery-cum-diving reef has won the approval of notoriously hard-to-please local planners. Dozens of artificial reefs - including sunken ships, wrecked cars and even a retired Boeing 727 - have been created in recent years for the benefit of scuba divers.
Miami-Dade county's Department of Environmental Resources Management described the cemetery as "an unparalleled addition to our already extensive array of artificial reefs".
The state agency that monitors cemeteries and crematoria, the Department of Financial Services, has also given the project the green light.
Some 260 funeral homes are already in talks with AfterLife, which will reap revenues of $71 million if all 21,200 plots sell for an average $3,350. The company is seeking to raise up to $2.75 million in a private share offering to help fund the project.
Mr Levine hopes that maintenance costs will be low. The concrete used will be twice normal strength to withstand the most violent seas. In any case, some of the columns will be deliberately snapped off at the base to suggest a city in glorious ruin.
In a message dated 7/28/04 12:43:12 PM, Mike Flynn in Boston sends us:
http://www.masslive.com/living/republican/index.ssf?/base/living-1/109057067097140.xml
Pre-arranged, prepaid funeral eases process
Tuesday, July 27, 2004By PAT CAHILL
pcahill@repub.com
Nobody looks forward to dying, but there are several good reasons to think ahead to one's own funeral.
Among them is that making the final arrangements ahead of time spares survivors the pain of doing it in the midst of grief.
"In the 1980s and '90s, people started to become educated about the grief process," says Joanne Forastiere Skiba of Forastiere Funeral Homes in Springfield, "and they realized they could alleviate the stress and financial burden on their families."
Pre-need funeral planning, as it's called in the industry, also makes practical sense, says James C. Gay, owner of Pease Funeral Home in Northampton and co-owner of Dickinson Streeter Funeral Home in Springfield. It allows the consumer to lock into a price in an industry where the costs of caskets, urns and real estate rise every year.
"It's one of the steps of estate planning," says Gay. "It's not just for the wealthy. It's about getting your house in order."
Pre-need planning is not the same as writing a will. By the time the will is read, the funeral is usually over. So it's wise to leave separate instructions on such topics as where to find important documents, what to include in the obituary, and where the final resting place is.
It's the money part that is probably the most important to many consumers. Through a funeral home, they can set up (1) a funeral bank trust or (2) a funeral insurance policy where funds will be safely stored until they are needed.
People can only make this "irrevocable" contract through a funeral home, although the payments they make do not go into the funeral home's account. Instead, they go to a third-party holding company, Skiba explains.
There are benefits to pre-need arrangements, but there are also possible pitfalls.
"Like any major purchase, it should not be done hastily," says Edward P. Mazur of Kapinos-Mazur Funeral Home in Ludlow. "The first thing you need to do is to make sure you feel comfortable with the funeral home you're dealing with. Ask everything you want to ask before making a commitment."
The funeral home should be a reputable one, chosen only after careful consideration.
"Contact several providers and comparison-shop," says Edward C. Brown, vice president of the Funeral Consumers Alliance of Western Massachusetts (formerly the Memorial Society).
Unfortunately, there are always predators ready to perpetrate scams on vulnerable people, so don't believe everything on TV, on the phone, or on the Internet, which might offer pre-need packages too good to be true. "It's a matter of 'Buyer, beware,'" says Brown.
He recommends dealing with a local funeral home, in person and face-to-face. It helps if it's family-owned, says Mazur.
Some people advocate simply ear-marking a bank account or CD to be used for the funeral when the time comes. The argument against this is that such savings could quickly evaporate if the person is faced with the overwhelming expense of, say, a nursing home.
On the other hand, funeral bank trusts and funeral insurance policies can't be touched. "They are licensed by the state and Medicaid-approved," says Skiba, "and they can't be considered an asset."
In some cases, this can be a help for people who are "spending down" in hopes of qualifying for Medicaid assistance. "Asset eligibility" is one of three categories of eligibility the government requires them to fulfill.
Mazur says he prefers pre-need funeral bank trusts over
PlanF7 funeral insurance policies, since most people are mature when they start thinking about the end. "The price of insurance goes up with age," says Mazur. "So it's not a good value for the consumer who waits until age 60."
"A bank trust will offer a lot more flexibility," says Gay. "Insurance will tell you what the premium minimum is and they will bill monthly, quarterly, semi-annually or annually.
"Like any insurance policy, you must make the premium, and if it lapses, you could lose everything," says Gay, adding that most of the insurance companies he has dealt with have found more humane ways to resolve the issue.
There are many bank trusts available that are "tried and true, conservative, very safe and low-risk," says Mazur.
Among the most popular in this area are the New England Funeral Trust, Cooperative Funeral Fund, Forethought Funeral Planning and Columbian Mutual Life.
Cooperative Funeral Fund, which is used by Dickinson-Streeter, requires a $500 initial payment to start a funeral bank trust. The funeral home and the consumer then work out the frequency and amounts of subsequent payments. Some people like to pay it all at once.
A bank trust fund earns interest, which is what allows the funeral home to guarantee the price in the contract. "We rely on that interest to keep up with inflation," says Gay.
The funeral is bound to the agreement just as the consumer is. "A lot of times people say something like, 'Suppose I purchase an oak casket and then I don't die for 20 years and the oak casket is not available anymore?'" says Skiba.
The answer: By law the funeral home must replace it with another casket of the same materials and quality.
Brown notes that consumers would do well to familiarize themselves with such regulations. Here's another one: Within 10 days of signing, a consumer may cancel a pre-need funeral contract and receive a full refund.
Bone up on these and other regulations by logging on to funeralconsumerswmass.org and its links, or by calling the Funeral Consumers Alliance of Western Massachusetts at 774-2320.
Can this irrevocable trust ever be revoked? Yes, says Mazur, though it "would jeopardize compliance with Medicare and Medicaid."
Mazur would like to pass on two more tips to people considering a pre-need funeral agreement:
First, don't forget to tell the family about it. "People should make sure family members know they have these arrangements recorded and paid for at a specific funeral home," says Mazur.
Second, people who move away can take their pre-need agreements to another funeral home. "A lot of people don't realize that pre-arrangements are transferable from funeral home to funeral home. If they make a pre-need arrangement with funeral home A, they can transfer it to funeral home B, C, or D.
"You're not locked into a funeral home. You're locked into the irrevocable trust, but not into a funeral home."
Again, Brown recommends confirming that when talking to the funeral director.
He also suggests asking what portions of the cost are covered by the agreement. Are cemetery costs included? Publication of the obituary? Memorial service?
A reputable funeral home will be happy to answer such questions. "Be an informed consumer," advises Gay, "whether you're shopping for a car or making final arrangements."
Funeral Home employee rescues remains from funeral home fire
Owner Jon Stevenson said an employee was at the business when the fire started. She was able to remove the body of a woman whose funeral is upcoming. The business will continue to operate using the Stevenson's facilities in Baker.
Husband fights for casket
http://www.montgomeryadvertiser.com/NEWSV5/storyV5INSURANCE08W.htm
MONTEAGLE funeral home fined for using notorious crematory
The Tennessean - Nashville,TN,USA
... he was told the board assessed the maximum $1,000 fine on Cumberland
Funeral Home and its ... 11 in LaFayette, Ga., on 787 state felony charges
of theft, fraud and ...
http://www.tennessean.com/local/archives/04/07/54795360.shtml?Element_ID=54795360
TENNESSEE funeral home fined for using Marsh crematory
Access North Georgia - Gainesville,GA,USA
... he was told the board assessed the maximum $1,000 fine on the funeral
home and its ... 11 in LaFayette, Ga., on 787 state felony charges of
theft, fraud and abuse ...
http://www.accessnorthga.com/news/ap_newfullstory.asp?ID=42096
THE Oklahoman
NewsOK.com (subscription) - Oklahoma City,OK,USA
... Owen, who owns the Owen Funeral Home with his mother ... Relatives
noticed during Thomas' funeral that the rings were ... After Ray reported
the theft, she said Owen ...
http://www.newsok.com/article/1282835/?template=home/main
Subject: 05-36AO 2005 CADILLAC DEVILLE INCENTIVE FOR FUNERAL, HOTEL/RESORT, FOR HIRE LIVERY, AND CMC/CMC DEALERS-DISTRIBUTORS
Message #: BAI20040415
1. PROGRAM NUMBER/PROGRAM NAME/TEMPLATE TYPE:
PROGRAM NUMBER: 05-36AO
PROGRAM NAME: 2005 CADILLAC DEVILLE INCENTIVE FOR FUNERAL,
HOTEL/RESORTS, FOR HIRE LIVERY, AND CMC/CMC
DEALERS-DISTRIBUTORS
TEMPLATE TYPE: N/A THIS MESSAGE CONTAINS ALL GUIDELINES
2. PROGRAM DESCRIPTION/PROGRAM NOTES/DOCUMENTATION/INVOICING
INSTRUCTIONS:
CADILLAC IS ANNOUNCING A TARGETED INCENTIVE PROGRAM FOR THE
FUNERAL, HOTEL/RESORT, FOR HIRE LIVERY, AND CMC/CMC
DEALERS-DISTRIBUTORS MARKETS.
DELIVERIES OF ELIGIBLE NEW AND UNUSED 2005 DEVILLE*, DTS,
AND DHS* MODELS WILL BE ELIGIBLE TO RECEIVE $8500.
ALSO (ON BASE DEVILLE ONLY):
A COMPLIMENTARY 36 MONTH/150,000 MILE PROFESSIONAL VEHICLE
PROTECTION PLAN WILL BE RECEIVED WHEN A W20 LIVERY VEHICLE IS
ORDERED.
DEVILLE, DTS & DHS MODELS, TO BE ELIGIBLE, MUST BE DELIVERED TO
A QUALIFIED FUNERAL DIRECTOR, CMC/CMC DEALERS-DISTRIBUTORS,
HOTEL/RESORT OR FOR HIRE LIVERY OPERATOR.
* THE DES IS ELIGIBLE FOR DELIVERIES BY THE CADILLAC DEALER TO
ANY RETAIL OR FLEET CUSTOMER.
IMPORTANT PROGRAM NOTES:
- RETAIL AND FLEET DELIVERIES ARE ELIGIBLE.
- ONLY DOMESTIC DELIVERIES QUALIFY.
- VQ1, VQ2, VQ3 FLEET ASSISTANCE IS AVAILABLE BUT NOT REQUIRED.
DOCUMENTATION REQUIREMENTS:
ALL LIVERY, FUNERAL, CMC/CMC DEALERS/DISTRIBUTORS, HOTEL/RESORT
PURCHASERS MUST PROVIDE COPIES OF REASONABLE DOCUMENTATION
VERIFYING THEIR ENGAGEMENT IN ONE OF THE ABOVE ENTERPRISES TO
THE CADILLAC DEALER. DOCUMENTATION CAN INCLUDE A COPY OF
LIVERY/FUNERAL LICENSE, PERMIT OR INSURANCE CERTIFICATE. THIS
INFORMATION MUST BE RETAINED IN THE DEAL JACKET FOR AUDIT
PURPOSES.
INVOICING INSTRUCTIONS:
- WHEN ORDERING THE LIVERY PACKAGE (W20), OPTION CODE R6S MUST
BE ADDED TO THE ORDER.
- TO ADD R6S TO VIN(S) SOLD, THE DEALER MUST FAX A REQUEST WITH
THE OUT OF STOCK VIN(S) TO THE ATTENTION OF BRAD HALL @ (313)
667-1159. AN ADJUSTED INVOICE WILL BE DONE TO ADD OPTION CODE
R6S TO THE UNIT(S).
3. PROGRAM START DATE/PROGRAM END DATE (DELIVERED):
PROGRAM START DATE - START OF PRODUCTION
PROGRAM END DATE - DEC 31, 2005
In a message dated 7/14/04 5:04:20 AM, Kevin in Michigan writes:
Subject: Re: Japan Procedures
Greetings from Michigan,
Here is the skinny on, Japan "Embalming"
Average salary NOW is 315,000 Japanese Yen per month.
Take home after taxes is about 265,000 Yen per
month.
Exchange rate was a 135 yen - 1 US Dollar
when I was there during 1999-2002.
You are looking at only $2000.00 USD take home per
month.
One Employee for example, gets 1 million yen
per month plus nice living quarters, and yet he may do
about 1-2 cases a month, if any.
This Employee will expect you to do 70 cases a month with
no time off.
Complain and he will tell you that there are 50 people
waiting in line to take your job.
I was paid 400,000 yen per month and my take home was
333,000.
I still was pinching pennies. Cost of living is high
in Japan. Gasoline is $4/gallon, Milk $4/half gallon,
etc.
The Japanese hold on to their loved ones minimum
24hrs after death, this is tradition.
Typically cases arrive with tissue gas and skin
slip. Posted bodies are missing the carotids.
Since you will be the new hire, you will have all the
hep-c, autopsy, and after hour cases passed on down to
you.
If you don't like it, management will remind you that
there is a list of 50 people waiting to take your job.
Seniority is everything over there.
Talent and ambition are threats, and will get you in
trouble and mean nothing to those in charge.
You are only allowed about 90 minutes to have the
body embalmed, dressed and casketed, yet management
will be afforded 4 hours per case.
I have done at times 6 cases a day, and so will you.
Whereas your parther, "manager-boss" will be off on
vaction or doing "paperwork, managerial stuff"
making 3 x's the wages you are.
If you complain, remember there are 50 people waiting
in line to take your "coveted position"
Days off and overtime are promised to you in your
contract, but the system is set up where you will
receive niether one.
If you complain about being cheated on compensation or
not getting your days off, once again, remember there
are 50 people waiting in line to take your "coveted
position".
You have to collect all blood (drainage).
That means no running water during injection.
This is very dangerous during Hep-C cases, and in
general a big mess.
The blood is collected into tall plastic bins and
mixed with a dry seal powder that congeals. You have
to use this same collecting bin for 2 weeks 20-30
cases before it is full enough to be hauled off and
incinerated.
Dou you know what 2 week old congealed blood smells
like?
You also can't aspirate.
Only in severe cases.
If you try and cheat and aspirate or let blood go
into the water system you will be discovered,
punished, and have to clean the funeral home
filtration system by hand.
I'm not saying don't go over there, but there are a
lot of problems over there.
The pay is too low. Compensation should be double
what they are offering now. Ask for more compenstion
than being offered. You all have to stick together on
this one. You are NEEDED over in Japan to provide a
vital service, and management
does not want to get his hands dirty, so make him
compensate you fairly.
p.s. keep in mind, i am a funeral home owner. if i
were to treat my employees the way i was treated by
mr. wood in japan, i would be knee deep in law suits,
in violation of numerous labor laws, and most likely
out of business as my employees would let the
surrounding community know the cruelties i exposed my
employees to.
In a message dated 8/24/04 8:39:37 PM, David in Japan writes:
Re: "American Embalmer not happy with Japan Embalming Position" article on
your website.
Dear Sir,
First of all, I would like to say that although I am a worker at one of
the funeral home companies "Kevin" (I know exactly who he is even if he
doesn't want to identify himself; given what he wrote, I wouldn't want to
identify myself either.) worked for, the opinions I'm going to be expressing
here are my own, not those of any company or manager here in Japan.
Now that I've said that, I'll get on to the rest of my email.
I find it somewhat unprofessional of your website to publish an article
like the one he wrote for you. I'm all or the freedom of information, but
I'd like you to consider the following scenario.
I worked for your funeral home for 3 years a few years ago. Because of my
behaviour both at work and outside of work, I am released from my contract
and sent on my way. A few years later, I decide to anonymously post
"information" about my experiences while working at your funeral home on
various websites, insulting previous co-workers as well as posting an ad at
a certain national funeral website saying something to the effect of "*Your*
funeral home has very different procedures, before applying for a job, feel
free to contact me for my impressions of working there."
Now honestly, would you really feel that you were being fairly judged or
do you think that I would maybe be an ex-employee with a rather large axe to
grind? I hope that you think about this from a management point of view and
not as a webmaster's.
Now I'm certain that "Kevin" will post whatever he feels like posting and
as an American with the right of free speech, I guess he's certainly
welcome to. But I find it rather unprofessional of him and to some extent,
your website, to basically try to destroy our opportunities for hiring new
people for Japan without getting a balanced viewpoint on the work we do
here.
I'll also add here that it goes without saying that his post was full of
misleading information that was old, half-true or just full of it. Some of
his information was in regards to one company's policies, some in regards to
another, but "Kevin", in his quest for telling his story, lets the details
like that slip by. Leaving out details like you get to live in an apartment
rent-free, provided by the company, kind of makes a big difference to your
take-home pay when you don't have to pay rent every month. And there's
similar things that "Kevin" left out as well. Isn't there a saying about a
lie of omission is still a lie?
I'm the first one to say that everyone has a different experience of
working over here and not everyone likes it. But as an owner, (I'll assume
you are from your contact information, if you aren't, then I apologize) I'm
sure you've had cases where you have hired the exact wrong person for a job
and have had to terminate their employment. We in Japan have as well, and if
you haven't guessed, "Kevin" was one of them and there have been a few
others. I could sink to his level and tell you plenty of stories about his
behaviour, both at and outside of work, but I refuse to do that.
A large part of working here is realizing that this is a different country
with different customs and rules for what we do here. In no way should you
expect a Japanese funeral company to adjust to your expectations of funeral
service. You are hired as an embalmer, not as an advisor. You are expected
to come to work, act professionally, work under their rules and customs and
just like any place of work back in North America, not go out of your way to
cause problems for your employer or fellow co-workers (which really isn't
that hard if you behave like an adult). Some people we have hired just can't
fit into that role and we have to let them go. It's just a part of working
over here that you have to be flexible, understand that you are working in
Japan for a Japanese company and that you cannot change their traditions to
fit your ideas of funeral service.
As far as a rebuttal article written by someone in Japan in answer to
Kevin's "skinny on Japan", that may be forthcoming, but I imagine that it
depends on what is decided by the management of the different companies. By
not mentioning a specific company, "Kevin" has libelled all of them here in
Japan to some degree and one person in particular. Not the brightest move on
his part. I can debate each one of his claims quite easily, but that's a job
for another day or perhaps another person and it wasn't the purpose my this
message to you.
As much as I come across as hating that article, I actually hope that you
leave it up on the website. Not for the reasons that I find it truthful or
even useful to people thinking about a job here, but I prefer to have that
available for everyone to read and judge for themselves comparing it to
this letter or any possible rebuttal that the management here may offer. (Of
course the Japanese management may have a different opinion on wanting it to
stay on your site.) I was brought up to judge people by the way they act and
treat other people, hopefully people reading that article can see through
Kevin's attempt at appealing to their base nature for libellous gossip and
see what kind of a person he probably is.
What I'd like people who are reading both his message and this one to
consider is this; If "Kevin" had worked for your funeral home, what do you
think he'd say about your place of business if he wasn't happy when you had
to terminate his employment? Do you think he'd give your funeral home work
environment a fair appraisal or do you think he'd move on to his next place
of work and tell stories like the one he posted here about you? Would you
want someone like "Kevin" working for your place of business dealing with
the families you serve seeing how he talks about former places of work and
co-workers? I'll let the readers decide that for themselves.
Yours truly,
David Blaine Little (who isn't afraid to sign his real name)
In a message dated 7/15/04 10:28:34 AM, info@kates-boylston.com writes:
Do you know what consumers are really thinking about funerals? Earlier this
month, American Funeral Director conducted a random survey of 2,500 U.S.
funeral consumers and asked their perceptions of funeral directors and about
the funeral profession as a whole. The results truly surprised us!
A few examples of what we found-
1) Preneed sales is a tremendous opportunity for both funeral homes and
cemeteries, especially with those ages 25-54.
2) While we continue to talk about "memorialization and personalization",
consumers are thinking parties or no funeral at all.
3) 4x more consumers as a whole view funeral service negatively than do
those who have had actual experience with a funeral professional.
4) If you haven't already, you better learn to scatter!
And that's just the beginning! American Funeral Director is publishing the
complete results of this survey within a special supplement to its August
2004 issue called "Consumers Speak!" So, if you're not currently an
American Funeral Director subscriber, visit <http://www.kates-boylston.com>
http://www.kates-boylston.com now so you can also receive this special
issue! And watch future issues of Funeral Service Insider for more as
well.
Kates-Boylston Publications - your #1, most-trusted source for funeral and
cemetery management news, information and education worldwide!
B. David Daly, president of Evergreen-Washelli a frequent participant in our AOL chats always eager to share his wisdom and to many offering support and guidence to the new and small funeral home owner, Dave and his wife Robyn dropped in to my Funeral Home in Lovely Lowell Massachusetts while visiting New England a few years ago, he made time to participate in many FSPA Face to face meetings.
Dave was not one to brag but he was the President of Evergreen-Washelli Cemeteries, Funeral Homes and Cremation Center in Seattle, Washington. Check out his memorial http://www.sparksimagination.com/movinglives/obit/davedaly.html
Daly's Visation was all day on Friday August 6, 20044 and his funeral was August 7 at 4 p.m. in the chapel of Evergreen-Washelli Funeral Home, in Seattle, WA 98133 (telephone 206-362-5200). Memorial donations to: Crisis Clinic, 1515 Dexter Ave. N., Ste. 300, Seattle, WA 98109-6210.
We extend our sympathies to his wife, Robyn of Seattle, Son and daughter-in-law, Scott and Penny Daly of North Bend WA, Son, Chris Daly of Seattle WA, Daughter and Son In Law, Laura and Mike Angotti of Waltham, Massachusetts 3 grandchildren,Twin sister, Pat Wheeler of Snohomish, WA. and to his co-workers and friends at Evergreen-Washelli and throughout the cemetery and funeral service profession.
NFDA was greatly saddened to receive word this morning that James "Jay" F. Burnside, III, died last evening, August 4, 2004.
As president of Professional Compliance, Inc., in Baltimore, Maryland, Jay served as NFDA's Occupational Safety and Health Administration (OSHA) consultant for more than a decade. He was a member of NFDA since 1973.
A licensed funeral director since 1973, Jay also served as Treasurer of the Maryland Funeral Directors Association. In addition, Jay was a member of numerous other professional and civic organizations.
Jay was not only a knowledgeable expert in the area of professional compliance, but he was also a dear friend to many NFDA volunteers, members and staff and countless others in funeral service. Jay was an extremely dedicated person to this profession. His expertise, tenacity and willingness to help others was evident in many ways. As part of his training in disaster response, Jay responded to the call for assistance from New York City following the September 11 tragedy. Jay was accompanied by his loyal dog, Rosco, a trained rescue dog, as part of the search and recovery effort.
"Jay dedicated his life to helping others. He helped families in need, helped his community and state prepare for catastrophic events and helped countless professional colleagues maintain a safe workplace. I will remember his smile, his dry sense of humor and his friendship. His sudden death makes us numb with disbelief. We will all miss him," said NFDA President Mark Musgrove.
Our sincere and heartfelt sympathies go out to his wife Lynn and the Burnside family. Our thoughts and prayers are with them all during these difficult times. Jay's passion and devotion to NFDA and the funeral service community will be deeply missed.
Mark Musgrove Christine Pepper
President Chief Executive Officer
National Funeral Directors Association National Funeral Directors Association
http://www.nfda.org/files/bulletin/issues/Aug11_2004.htm
MORE
http://www.nfda.org/files/bulletin/issues/14July2004.htm#7
(Editors note NFDA like many associations - members do not have voting rights, this election is all internal, officers and board members are all unpaid volunteers, transportation and lodging are provided by the association)
Two New At-large Representatives Elected at NFDA Leadership Conference
Brookfield, Wis. - The National Funeral Directors Association (NFDA) Policy Board met on Saturday, July 24, 2004, in San Diego, Calif., to elect two new at-large representatives.
The Policy Board elected Charles W. Hastings, CFSP, Hastings Funeral Home, Selbyville, Del., and Jay Jacobson, CFSP, Garden Chapel Funeral Home, Pella, Iowa to serve as at-large representatives to the Executive Board. They will begin their two-year terms of service immediately following the 2004 NFDA Convention & Expo in Nashville, Tenn., October 17-20.
Hastings received his funeral director's license in 1980, and has been a Policy Board representative since 2001. Jacobson has been a licensed funeral director for 21 years, and has served on the NFDA Policy Board for more than two years.
NFDA is the leading funeral service association, serving more than 21,400 individual members who represent 12,486 funeral homes in the United States and other countries. From its headquarters in Brookfield, Wis., and its Advocacy Office in Washington, D.C., NFDA provides advocacy, education, information, products, programs and services to help members enhance the quality of service to families. For more information, visit www.nfda.org.
MORE
NFDA Bulletin
July 28, 2004
* NFDA At-large Representatives Elected for 2004-2006
* FTC Assists Funeral Service in Cash Advance Lawsuit
* NFDA Issues Statement Regarding Recent Pennsylvania Preneed Ruling
* IRS Issues Final Regulations on Van and Truck Depreciation
* NFDA Supports Bill to Prevent Misuse of Traffic Control Devices
* Now is the Time to Meet with Your Representatives
* Mother of Fallen Soldier Contacted After Funeral Balloon Found
* Judging Approaches for Pursuit of Excellence, 2005 Guidelines Now Available
* Professional Development Provides Knowledge Your Families Value
************************************************************************
Funeral Fact: A new company allows consumers to send email messages after they die. TheLastEmail.com provides the opportunity to create messages, including audio and video files, that are guaranteed to be delivered to friends and family after death.
************************************************************************
NFDA At-large Representatives Elected for 2004-2006
Congratulations to Charles W. Hastings, CFSP, Hastings Funeral Home, Selbyville, Del. and Jay Jacobson, CFSP,
Garden Chapel Funeral Home, Pella, Iowa. During the NFDA Policy Board meeting in San Diego this past Saturday,
Hastings and Jacobson were elected to serve as the 2004-2006 NFDA At-large Representatives on the Executive Board.
To view their biographical information, visit NFDA's Website at http://www.nfda.org/page.php?pID=624.
Editor's Note
In the Candidates Declare Intentions for Secretary, At-large Representatives story in the July 14th issue of the
NFDA Bulletin, a CFSP certification should have been included after Charles W. Hastings to read, Charles W. Hastings, CFSP. Our apologies to Mr. Hastings.
************************************************************************
FTC Assists Funeral Service in Cash Advance Lawsuit
The Federal Trade Commission recently filed a letter in support of the funeral profession's efforts to overturn a Texas
trial judge's misinterpretation of the Funeral Rule.
As reported to NFDA members last month, a judge in El Paso, Texas interpreted the term "cash advance," as found in the
Funeral Rule, to include most goods and services sold by the funeral home. As a result, a Texas funeral home that had
failed to disclose to a consumer that the funeral home marked up the wholesale costs of caskets, vaults and other goods
and services sold by the funeral home, was found to have violated the Funeral Rule. Although the ruling deals only with
one funeral home in Texas, the funeral profession is concerned that this misinterpretation of the Funeral Rule could result
in consumer lawsuits against funeral homes in several other states.
NFDA and other funeral service associations have filed briefs in support of the funeral home's request to the trial judge
to reconsider his ruling. In addition, the FTC staff has weighed in with a letter to the judge explaining that cash advance
items are those items the funeral home referred to as "cash advance" items such as newspaper notices, death certificates,
flowers, etc. While the FTC letter did not expressly explain to the Texas trial judge that his cash advance interpretation
was incorrect, it did add valuable support to the concerted effort by funeral service to overturn this troublesome decision.
************************************************************************
NFDA Issues Statement Regarding Recent Pennsylvania Preneed Ruling
Recently the Commonwealth Court of Pennsylvania ruled that consumers who sign an irrevocable prepaid funeral contract, may
not withdraw or transfer their funds to another funeral home, even if consumers move to another area. This reverses an
earlier ruling by the State Board of Funeral Directors that stated funeral directors must transfer the prepaid contract
to another mortuary if the consumer requested it. The Pennsylvania Funeral Directors Association (PFDA) has expressed
its disappointment in the ruling. In regards to this decision, Mark Musgrove, President of NFDA, has also issued the
following statement:
"We at the National Funeral Directors Association (NFDA) believe that the Pennsylvania Commonwealth Court ruling is not
in the best interest of consumers. NFDA has preneed best practices in place, which are intended to ensure that consumers
who purchase funeral service in advance, make wise and informed decisions, deal with ethical and licensed preneed sellers
and agents, and retain the right to cancel preneed funeral contracts or transfer preneed funding to different funeral
providers. These guidelines were strengthened just last year by the NFDA Policy Board to include 100-percent trusting.
This is another example of how we want to set the bar as high as we can, and the hope is that the states will do the same.
These guidelines also indicate that if a preneed contract is irrevocable, the preneed purchaser shall have the right to
transfer the trust funds or the insurance policy that will be used to pay for the preneed funeral contract, to another
funeral provider."
************************************************************************
IRS Issues Final Regulations on Van and Truck Depreciation
On June 30, 2004 the Internal Revenue Service issued its final regulations on van and light truck depreciation. They ruled
that any van or light truck (6,000 GVW or less), including those used by funeral directors, is exempt from the 5-year
depreciation limits if they fall under the following conditions:
* Does not have the elements of personal benefit
* Does not have more than a de minimus personal purpose
* A tax payer is unlikely to purchase it unless for a valid business purpose that could not be met with a less expensive vehicle
Therefore, under the IRS temporary regulations, service vans which have been specifically equipped with rollers and restraints
to allow caskets to be transported, will not be subject to the depreciation limitations imposed upon passenger vehicles.
All other funeral service vehicles, except hearses, which are specifically exempt, must comply with the revised 5-year
depreciation limits. Being exempt from this ruling is important because it allows funeral directors to fully depreciate
the vehicle while filing taxes.
The IRS dismissed NFDA's recommendation for a separate category for funeral service vehicles for the nonpersonal use test,
as not being relevant to this rulemaking. NFDA members with questions regarding the IRS final regulations may contact NFDA
Senior Vice President John Fitch at (202) 547-0441 or General Counsel Scott Gilligan at (513) 871-6332.
************************************************************************
NFDA Supports Bill to Prevent Misuse of Traffic Control Devices
Representative Mike Rogers (R-MI) has introduced H.R. 4787, a bill supported by NFDA, that would limit the use of traffic
control devices (devices that can change traffic signals) to appropriate government agencies (law enforcement, fire and
other emergency vehicles). Currently, these devices can be purchased by the general public at any local electronics store.
NFDA strongly supports H.R. 4787 and believes it will contribute to funeral procession safety especially in highly
populated areas. NFDA members are urged to support H.R. 4787 as well. Please take a moment and send an email to your
member of Congress by visiting Congress-at-a-click at http://capwiz.com/nfda/issues/alert/?alertid=6114651&type=ML
************************************************************************
Now is the Time to Meet with Your Representatives
Don't forget to schedule a meeting with your congressional representatives during the July 26 to Sept. 6 recess. Congress
left town without completing action on many issues important to funeral service. Association health plans and permanent
estate tax repeal legislation passed the House but is stalled in the Senate, and there are threats to repeal or block the
new overtime regulations in both the House and Senate. Talk to your representatives and help move these bills and make sure
the overtime regulations are implemented as scheduled on Aug. 23. Members of Congress are usually available for meetings
in their state or district offices during congressional recesses. They frequently hold town meetings and other events in the
state or district to meet constituents and discuss issues. District meetings are a convenient and effective way of
communicating your message. For directions on setting up a meeting with your representatives, talking points on NFDA issues
to use in your meetings, or a form to report back to the NFDA Advocacy Division on the results of your discussions,
visit http://capwiz.com/nfda/dbq/officials/.
************************************************************************
Mother of Fallen Soldier Contacted After Funeral Balloon Found
A balloon from the funeral of National Guard Sgt. Patrick McCaffrey found its way from Livermore, Calif. to Lewisburg, Penn.
on July 4, in less than 72 hours.
According to the Lodi News-Sentinel, the deflated yellow balloon was found by Anna Barrick and Greg Beauseigneur on their
back doorstep. It included the soldier's name, birth and death dates, along with a Bible verse. With a little research,
Barrick contacted McCaffrey's mother via email, expressing that "Living here in Central Pennsylvania, we really had sheltered
lives. Now we are all much more aware of the sacrifice that your son and many others have made for us. I promise you that I
will tell what I have learned about Patrick to everyone that I meet and how HIS balloon arrived in my yard."
Before this story, McCaffrey's mother received news coverage when she invited members of the media to view the return of her
son's casket at Sacramento International Airport. To read more on this story, visit http://www.lodinews.com/articles/2004/07/19/news/06_balloon_040719.prt.
************************************************************************
Judging Approaches for Pursuit of Excellence, 2005 Guidelines Now Available
If you've entered this year's Pursuit of Excellence program, judging will begin on Aug. 10, 2004. Shortly afterward,
entrants will receive a letter notifying them of the results. If you would like to receive your 2005 Pursuit of Excellence
guidelines brochure to prepare for next year, call a Member Services Representative at 800-228-6332. These guidelines can
also be downloaded from NFDA's Website at http://www.nfda.org/pursuitofexcellence.php.
************************************************************************
Professional Development Provides Knowledge Your Families Value
Consumers value the feeling of trust they experience by working with a funeral professional who has the credentials of a
Certified Preplanning Consultant. You'll have the chance to earn your CPC right as the 2004 NFDA Convention & Expo is getting
underway. If you are an experienced, qualified funeral service professional, who is currently assisting families to plan
complete funerals in advance as permitted by state laws, NFDA urges you to consider becoming certified. Eligibility is
based on six months minimum experience, attestation of compliance with state and federal regulations and the CPC Code of
Ethics and Statement of Use, meeting other specific criteria, and successful completion of the exam.
NFDA Certified Preplanning Consultant (Must apply in advance)
CPC FASTRAC II
Saturday, Oct. 16 -17, 2004 in Nashville, Tenn.
8 a.m. - 4:45 p.m.
Colleen Murphy Klein, Director of Professional Development, M.A., NFDA
Track: B (.8 APFSP CEUs)
For more details, visit http://www.nfda.org/page.php?pID=592#sat.
Advance your business and register to attend these Aug. Professional Development events:
Embalming, Reconstructive Surgery and Cosmetology Techniques
Technical Skills Seminars
Wayne State University, Detroit, Mich.
Aug. 6-8, 2004
Presented by: Vernie Fountain of Fountain National Academy of Professional Embalming Skills and John Sinatra with Ethereal Cosmetics
For more information, visit http://www.nfda.org/page.php?pID=556.
New Overtime Rules, Federal Wage & Hour Laws
Teleconference
Aug. 12, 2004, 1-3 P.M. CST
Presented by: John Fitch , NFDA, Sr. VP, Advocacy Division, and Scott Gilligan, NFDA General Counsel
Hear John Fitch, NFDA, Sr. VP of Advocacy, and NFDA General Counsel, Scott Gilligan lead a detailed discussion of the federal wage and hours laws. Particular emphasis will be on compliance and the changes to the overtime provisions as they apply to licensed funeral directors and embalmers as well as administrative and executive funeral home employees.
For more information, visit http://www.nfda.org/page.php?pID=82.
CPC Certified Preplanning Consultant Program
CPC FASTRAC I
NFDA Headquarters, Brookfield, Wis.
Aug. 18-20, 2004 (Date change)
For more information, visit http://www.nfda.org/page.php?pID=299.
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NFDA Bulletin
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Message ID: 28072004-
The National Funeral Directors Association (NFDA) boasts that they are the leading funeral service association, claiming they serve 21,400 individual members who may work in or own the 12,486 funeral homes in the United States and other countries. From their beautiful headquarters in Brookfield, Wisconsin, and their Advocacy Office in Washington, D.C., NFDA has taken advantage of their position, claiming they protect consumers and are a true advocate for funeral directors and embalmers. Truth be told, NFDA advocates, first, for their own survival and when they are forced to, the association exclusively works for the funeral home owners and not for the protection of consumers nor for the benefit of any employee, non-owner funeral director or embalmer. NFDA also hosts an annual convention where the number of exhibitors is close to the number of attendees.
The preceding paragraph is just the opinion of John McDonough, NFDA member, after studying the organization closely since 1993.
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It being the middle of summer, it is no surprize we would not hear any feed back.
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