Prearranged funeral services consist of two distinct contracts.

• A prearranged funeral services contract.
  
  This is a contract that you enter into during your lifetime, which deals with the provision of certain funeral services upon your death. It may provide for the purchase of specific goods such as a coffin, urn, tombstone, monument, flowers, etc. A prearranged services contract may also cover some services to be rendered before the burial or cremation such as the transport of the body, embalming, cremation, funeral ceremony, grave digging, etc.
  
  
• A prepurchased sepulture (burial place) contract.
  
  This contract purchases the right of use and maintenance of a burial plot (the final resting place for your body or ashes). This burial place may be in a cemetery, columbarium, or mausoleum.

Funeral homes and cooperatives are forbidden from soliciting over the phone or door-to-door. Moreover, they are strictly forbidden from soliciting at hospitals, long-term care residences or any other such institutions.

If you wish to learn about services offered by a representative, you must contact him to arrange an appointment. The representative must obtain your permission at least 24 hours before coming to your home. The visit must take place between 9:30 a.m. and 10 p.m. and cannot last longer than two hours.

The representative must leave your home when you ask him to. He is not allowed to intimidate you, be insistent or harass you. If this happens, you can file a complaint with the Consumer Protection Office.

Lastly, if you refuse to sign one or more contracts, the seller cannot contact you again during the year following your refusal.

Yes. Only persons holding a funeral director’s license are allowed to enter into prearranged funeral services contracts. It is strongly suggested that you question the seller to ensure that he holds the necessary license.

Prearranged funeral services consist of two contracts which must both be in writing: the prearranged funeral services contract and the prepurchased sepulture contract.

Both contracts must include the following:

• terms of payment;
  
• how the sums of money given to the funeral home or cooperative will be deposited (for example, where the sum of money will be deposited, who will collect the interest generated, etc.);
  
• terms of cancellation.
  
• the description and price of each good and service provided, including applicable taxes;

You can ask the court to cancel the contract with the merchant if the contract does not contain the information required by law and if this lack of information has actually harmed you.

Yes, in fact the law not only entitles you to a copy of the contracts, but also states that an additional copy must be given to a person of your choice. This person’s name is written in the contracts and the funeral home or cooperative must send her copies of the contracts within 10 days of their signature. This way, you can be sure that a person close to you is aware of your final wishes.

You may choose not to have copies of the contracts sent to another person. The law says that you must sign a waiver to this effect.

Prearranged funeral services contracts are unique in that you pay a large amount today for services you hope to use as far in the future as possible! It is quite normal for you to wonder what the seller is doing with your money during all those years.

The seller is obliged to keep 90% of the money you give him in a trust account, and he must deposit it in this account within forty-five (45) days of receiving it. You will be notified in writing by the financial institution holding your money within thirty (30) days of the deposit.

Any monies paid for goods or services already received need not be kept in this account.

A portion of the interest earned on your money is used to compensate for inflation. You are therefore guaranteed the same quality of goods and services, even after many years and despite any possible increase in prices. The funeral home or cooperative is prohibited from including an indexation clause in your contract. No additional amounts will be charged to relatives at the time of your death because the contract has already been paid in full.

The seller is not allowed to withdraw any monies deposited in the trust account for his personal use. The law is extremely strict on this matter. If the seller goes bankrupt, the amounts in trust are excluded from the bankruptcy, and you can recover them.

What if your religious beliefs change, if you move or if you simply need the money previously deposited? Can you change your mind and cancel the contract? Not always.

• Prearranged funeral services contract
  
  A prearranged funeral services contract entered into at the seller’s place of business can always be cancelled. At most, you will have to pay a penalty of 10% of the value of the goods and services not yet received. For example, if your contract totals $ 3,000, and the seller did not provide any goods or services, he cannot ask you to pay a penalty greater than $ 300. However, if you have already received a good or service, you will not be reimbursed for its value.
  
  A prearranged funeral services contract entered into other than at the seller’s place of business (for example, in your home) can also be cancelled at any time. If you cancel the contract within thirty (30) days of receiving a copy of your contract, you will not have to pay a penalty. If you cancel the contract after this time, the penalty will be at most 10% of the goods and services not yet received.
  
  
• Prepurchased sepulture contract
  
  A prepurchased sepulture contract entered into at a seller’s place of business can never be cancelled. You can always try negotiating with the seller, but nothing in the law entitles you to cancel a sepulture contract.
  
  A prepurchased sepulture contract entered into other than at the merchant’s place of business can be cancelled without penalty within thirty (30) days after you have received a copy of the contract. The contract cannot be cancelled past this date unless the seller agrees.