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What should one do when a death occurs?
Arrangements for disposition of the deceased generally can be made by a spouse, next of kin or legal representative.
The normal sequence of events for handling a death is as follows:
- Contact law enforcement official if the death was unattended.
- Death must be pronounced by a coroner, medical examiner, attending physician or an approved Hospice Nurse.
- Contact relatives.
- Locate deceased's letter of direction, prepaid funeral contract, insurance policy or will.
- Contact a funeral director.
What are the available methods of disposition?
Human remains can be buried, entombed, cremated or donated for scientific study.
What is embalming and its purpose?
Embalming is the use of chemicals, internally and externally, to disinfect and temporarily preserve the body for open casket viewing and/or for the removal of the body to distant destinations.
Does the law require that a dead human body be embalmed?
No, Texas law does not require embalming at any time. Most common carriers will require that a body be embalmed prior to shipping and the laws of the destination state will apply. Because of the rapid deterioration of a body after death, Texas Health Services Rules require that bodies held for over 24 hours or in transit must be embalmed, refrigerated or encased in a leak and odor proof container. However, most funeral homes require a body to be embalmed if there will be an open casket viewing.
How are remains donated?
Donations of human bodies to medical facilities can be made either directly to the facility, through a funeral establishment or by contacting the : |
Anatomical Board, State of Texas
UT Medical Branch H43
Galveston, Texas 77550
(409)772-1293
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Willed Body Program
UT Southwestern Medical School
5323 Harry Hines Blvd
Dallas, Texas 75390
(214)648-2267
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Can I donate my organs without donating my entire body?
Yes. You may leave written or oral instructions regarding your wishes.
Can I change my mind about donating my body or my organs after I commit myself?
Yes. Prior to death, a person can revoke his or her donation by destroying or canceling the instructions or by alternate instructions to the next of kin or the person designated by written instrument.
What is done with cremated remains?
Cremated remains may be disposed of in a number of ways: privately scattered, scattered at sea, scattered by airplane in unpopulated areas, interred in a cemetery, placed in a niche, in a columbarium, or kept by the family in their home.
How do people select a funeral director?
Almost always by reputation or availability. The way a funeral director serves families is readily known in most communities. If you need a funeral director and for some reason do not know one, the reference of a relative or a friend who has been served satisfactorily is one wise way to make a decision. The best way is to know in advance whom you would select and then visit the funeral home, examine the facilities and ask about prices and understand the ways in which your needs will be served. Consider all alternatives and consult several different firms/organizations to compare costs. After determining where to call, be prepared to ask questions concerning all aspects of funeral arrangements.
What do I need to bring to the funeral home to make arrangements?
Prior to making funeral arrangements, you will need the following information:
- Full name of the deceased
- Date of birth
- Place of birth
- Social security number
- Residence address
- Spouse's name (maiden name)
- Father's name, mother's maiden name
- Occupation
- Place of burial or disposition
- Discharge papers, if veteran.
- Insurance papers and/or insurance information
- Clothing and/or jewelry for the deceased (including all usual undergarments)
Pre-Arrangement FAQ
Where does my money go?
A deposit fund is established with a financial institution approved by the Texas Department of Banking.
What if I change my mind or want my money back?
The purchaser can cancel the contract prior to maturity and receive a refund in accordance with the terms of the contract.
What if I want to change funeral homes?
You may have to cancel your contract and make other arrangements.
If death occurs before the prepaid contract is paid in full, will any additional payments be required?
Any unpaid balance would become due at the time of the funeral.
Will my contract cover all my final expenses?
There may be additional charges for items that are not part of the prepaid contract. These may include cemetery fees, such as lowering equipment, opening and closing the grave, burial vaults, and any outside charges other than the funeral home charges (e.g., Flowers, Death Certificates, Obituaries, etc.).
What happens if a funeral home which sold trust funded prepaid funeral benefit contracts goes out of business or misappropriates prepaid funds?
The Department of Banking would take over the contracts and find a subsequent provider.
If you have any additional questions regarding prepaid funerals, please contact:
Texas Department of Banking, Special Audit Division, 2601 North Lamar Boulevard, Austin, TX 78705-4294, (512)475-1290, fax (512)475-1288, Website www.banking.state.tx.us, or
Texas Department of Insurance, Consumer Help Line, P.O. Box 149091, (512)463-6515 or 1-800-252-3439.
Where can I secure additional information regarding Mortuary Laws in the state of Texas?
You may request a complete copy of Article 4582b, Texas Civil Statutes, and the Commission Rules, by contacting:
Texas Funeral Service Commission, P.O. Box 12217, Austin, TX 78711, (888)667-4881.
If I have a complaint against a funeral director or a funeral establishment who should I contact?
First, discuss your problem with the funeral director and/or management of the funeral establishment. If you feel you were not treated fairly, the funeral director should be given the opportunity to satisfy you. If this is not acceptable, you may provide the facts in writing to:
- Texas Funeral Service Commission. This is the licensing and regulatory agency for all funeral establishments, funeral directors and embalmers in the State.
- Consumer Protection Division, Attorney General of Texas, P.O. Box 12548, Austin, Texas 78711, (512)463-2070.
- The local Better Business Bureau.
- The Federal Trade Commission, Dallas Regional Office, 100 N. Central Expressway, Dallas, Texas 75201, (214)767-5501.
- Funeral Service Consumer Arbitration Program, 2550 East Devon, Des Plaines, Illinois 60018. 1-800-662-7666.
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