NOTE: We're in the process of updating this page. More current information on changes to state law since Lisa Carlson's "Caring for the Dead" was published can be downloaded in .pdf format (see attachments below).
Those who have chosen to care for their own dead have found it therapeutic and loving. Having something physical to do takes away the sense of helplessness, and family involvement allows you to personalize the funeral experience.
Check your local library for the book "Caring for the Dead: Your Final Act of Love" (1998). This will help you know what permits are required, where to get them, where to file them, and when (or call the FCA office: 800-765-0107). Available through the FCA Bookstore. Also, see our links to organizations in several states that specialize in helping you navigate a home funeral.
Caring for your own dead is permitted in ALL states with the following conditions or exceptions:
Connecticut—The laws in Connecticut are in conflict with each other, begging for a law suit. The laws specifically provide that the custody and contol of remains . . . shall belong to the surviving spouse . . . or . . . next of kin . . . [Sec. 45-253]. On the other hand, a funeral director's signature is required on the death certificate, and only a funeral director or embalmer may transport a body, but towns and ecclesiastical societies may provide a hearse and pall for burial of the dead. Go figure. A licensed embalmer must be in charge when death is from a communicable disease. Because the laws are conflicting in this state, a family wishing to care for its own dead may wish to seek the help of legal counsel. The FCA office may be able to help by filing a friend of the court brief.
Indiana —The statutes in Indiana are in conflict and begging for a law suit here, too. In the business statutes, it dictates that a disposition permit may be given only to a funeral director, the passage of which was surely influenced by the industry. None of the health statutes, however, have such restrictions and refer to the "person in charge," defined as next-of-kin. Families that wish to care for their own dead may be able to find a local mortician who will cooperate in getting permits. Otherwise, be prepared for a court challenge to get your rights.
Louisiana—Again, in this state, laws are in conflict with a family's rights and should be challenged in court. A family in Louisiana may transport a body once all permits are acquired. A mortician, however, is needed for all other aspects such as obtaining those permits and at final disposition, so information in the above books is primarily helpful only to those taking the body to another state.
Michigan—A 1995 court decision affirmed a family's right to possess a body "for the purpose of preparation, mourning and burial." Recent legislative mischief, however, now requires a funeral director's signature on all death certificates (as of 2006). In 2002, some lawmaker slipped a new passage into the wills and estates laws that requires a funeral director to perform funerals. Michiganders who want to challenge these outrageous restrictions should contact local advocate Wendy Lyons (of the Detroit chapter of Funeral Consumers Alliance) at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Nebraska—Statutes regarding family rights (and obligations to pay the bill) are in conflict with statutes requiring a funeral director to be in charge of all deaths.
New Hampshire—A new statute passed in 1999 went into effect January 2000 permitting next-of-kin or designated agents to care for their own dead.
New Jersey—Statutes give next-of-kin the right to control disposition. Regulations, not statutes, promulgated by the Mortuary Science Board require the involvement of a funeral director. However, the Mortuary Board has NO authority over private citizens, only licensees.
New York As in Louisiana, a family may transport a body once all permits are acquired. A mortician, however, is needed for all other aspects such as obtaining those permits and at final disposition, so this information is primarily helpful only to those taking the body to another state.
UTAH Some time after the publication of Caring for the Dead, the Utah Legislature decided to interfere with families’ rights and make it a crime to sign a death certificate if you’re not a funeral director. New regulations require a funeral director's signature on every death certificate, and few funeral directors will likely be willing to do this for a modest fee without forcing other unwanted services on families. However, Larry and Susan Turpen are very helpful funeral directors who are willing to sign death certificates and file them for any family that wants to do a home funeral. They likely wouldn’t even charge, but we suggest offering at least $50 - $100 for their time and trouble.
Larry Turpen, Moab, Utah
Cell - 801-367-3535
Susan Turpen, American Fork, Utah
Cell - 877-259-3980
 caringupdates.pdf | [Caring for the Dead Updates] | 159 Kb | 12/7/2007 |
No, funeral directors may not tell family members they can't view a body, though they can advise against it if the body is so badly damaged it may be inadvisable. But I don't know the whole situation here. For example, was this to be a public viewing? Private?
I hope you check back here for the answer, and that you realize you didn't send an email, but left a comment. Without your email address, I can't write directly to you.
You wrote:
I am a chaplain in a hospital and chaplains are charged with releasing the body of the deceased. We have always released the body to a funeral home, but recently a family member requested to take the body. We were unprepared for this and would like to know what rules govern this in Georgia. How do we advise a family? Do they need any documentation. To what extent are we responsible for what happens with the body after the release?
REPLY: Many of us have forgotten that familiy-directed funerals were once the norm in America. Many mistakenly believe they're illegal. While it varies from state to state, families should have the same basic paperwork you require from a funeral director. Here's how it works in Georgia:
1. The family must get the doctor's signature on the death certificate, then complete the remaining info. The family must file this within 72 hours of the death.
2. Under GA law, a doctor or coroner can allow a body to be removed without requiring additional paperwork. Of course, you should ask the family to sign acknowledgment that they took custody of the body, just as you would require for a funeral home.
3. You're not responsible at all after the family takes the body. How could you be? Are you responsible for what a funeral home does with the body? Of course not. Remember, this deceased is the family's own kin, just as much as their living relatives are when you release a patient to return home.
Also, I would personally like to know if a person's body can be transported from here to Michigan without embalming. Is there a prescribed container for a transport by air or ground? How would it be aranged?
REPLY: I do not believe Michigan requires embalming for out of state transport, or that Georgia requires it to receive a body. Did somebody make this claim to you? Whenever someone says a law requires or prohibits something, insist that they show you the law. Usually, it doesn't exist.
No, there's no "prescribed container," if you mean "required by law." In an automobile, any casket-shaped container will do. When bodies are shipped by plane, they're usually in what's called an "air tray." These may or may not contain a casket.
I hope this helps.
Josh Slocum
Exec. Director, FCA
Also, I would personally like to know if a person's body can be transported from here to Michigan without embalming. Is there a prescribed container for a transport by air or ground? How would it be aranged?
Good idea. It is more personal and you will save a bundle of money.
In Lisa's book, she states that the mortuary board has no authority over private citizens, only licensees. I've spoken with them and they do not agree, but we suspect that they have little if any actual enforcement or punitive power if you're not a licensed funeral home, so our general advice is don't worry about it.
What you are supposed to do is go to the town clerk where your dad dies and pick up a removal or transit permit (a couple of dollars), but in some areas, the clerk has never issued one to anyone other than a funeral director and might or might not cope with your request calmly.
The actual statutes says: "No person, without securing a proper death certificate and a burial or removal permit, shall: a. Remove a dead body from this State; or b. Bury or make other final disposition of such body in this State."
Since you are not removing the body from the state and you will not be burying the body yourself, you could just skip this. But, we encourage people to give it a try and see if the clerk cooperates as s/he should. You can always say "Oh OK, thanks anyway" and walk away (and transport your dad without the permit).
We're even more excited to find people willing to make a stink with an uncooperative town clerk, but you'd have to be prepared for a delay while you secure an attorney, notify the press, etc.
As for getting the death certificate, it might depend some on where he dies. If he dies at home on hospice, you shouldn't have a problem. While most of NJ has gone to electronic registration, the MD can drop it to paper when needed. If he dies in a hospital, your biggest problem will probably be getting them to release the body to you! The northern NJ funeral home can do the electronic registration for you as well (call in advance to confirm).
Once you get up north, you can arrange to have the funeral director meet you at the cemetery for a graveside service if you want to avoid the home, embalming, etc. Also remember that you can purchase a casket online at a deep discount.
Please call if you run into problems.
Laurie Powsner
Funeral Consumers Alliance of Princeton
609-924-3320
My father is about to die and we'll need to transport his body from the Jersey Shore up state two hours to a funeral home and want to do it ourselves. Does New Jersey law allow next of kin that privelege and what paperwork would be necessary?
Keep up the great work.
Love and Peace
Anna Marie Kirkpatrick
More later! Anna Copley www.TheFuneralSite.com
P.S. I grew up in Des Moines and graduated from U of I (go hawks!)
We can help, but it's best to give us a call. Call me toll free at 800-765-0107. Please come prepared with your questions. Also, it's likely the ME just needs to be educated on the fact that it is legal. You can also email me at josh@funerals.org. If you do, please make sure you tell me your name and where I can call you back if need be.
- Josh Slocum, FCA Exec. Director
Can anyone help ? I have the Lisa Carlson's book "Caring for the Dead".....but wonder if the regs have changed. My husband and I have planned home body care/wakes/funerals.....now I'm in a bit of a panic as to whether it's legal . Have been advised that the State Medical Examiner 'sets the rules' and is not 'user friendly' so would like some info before I approach her office.
Thanks...