Legal Issues
Legal Issues
Authority of Guardians and Conservators with respect to Pre-need Funeral Contracts (posted 4/1/22)
Guidelines for Record Keeping and Retention (posted 3/29/22)
Disclaimer of Warranties in CT (2/26/14)
Please be advised that pursuant to Connecticut General Statutes Section 42a-2-316(5), a Connecticut funeral home cannot exclude or modify the warranties of merchantability or fitness for a particular purpose in connection with the sale of new or unused funeral merchandise unless the merchandise is clearly marked “irregular”, “factory seconds” or “damaged”. Further, while the statute indicates that the remedy in the case of a violation of the statute is to render the provision of the contract unenforceable, pursuant to Connecticut General Statutes Section 42-110b(a), including such a clause in funeral contract could expose the funeral home to a claim under Connecticut Unfair Trade Practices Act, thereby exposing the funeral home to a claim for punative damages and attorney fees. Accordingly, such clauses should not be induced in Connecticut funeral contracts.
Download PDF of CT Statute (PDF)
Courtesy Discounts by Funeral Homes When Funding Irrevocable Funeral Contracts
Recently, our legal counsel contacted the Dept. of Social Services about a problem several funeral homes were encountering with discounted funerals. Click here to view the correspondence from Atty. John McHugh and the response from the DSS.
Connecticut Law Allows Binding Preneed Contracts
By T. Scott Gilligan Law Offices
Former NFDA General Counsel
A CFDA member recently asked whether there was a mechanism under Connecticut law by which a preneed client could guarantee that her preneed contract would be carried out. Specifically, a widow, who prearranged with the funeral home, was estranged from her son and did not want him to change the arrangements she made in the preneed contract. In fact, she did not want him notified of her death when it occurred. She asked the funeral director how she could be assured that her wishes would be carried out.
Fortunately, with recent changes made to Connecticut’s right of disposition statute, a mechanism now exists to make her wishes and the arrangements set forth in the preneed contract binding upon her survivors. Section 45a-318 of the Connecticut Code has been amended to allow anyone 18 years and older and of sound mind to execute a written document setting forth funeral and disposition directions.
The individual may also appoint an agent in the instrument who will have primary authority for carrying out funeral and disposition instructions. As long as the document is executed before two witnesses who are 18 years or older and who sign the document, it is binding and must be followed.
To assist the member, CFDA put together the Disposition of Remains and Appointment of Agent form that follows this article. In the case of the widow, she would check the first box on the form that states that her preneed contract should be carried out without substantial change.
Since she also wants to exclude her estranged son from the funeral, she should check the second box and add those specific instructions to the form. Finally, she may also want to appoint a trusted relative or friend to carry out the funeral and disposition arrangements by checking the fourth box and listing the agent’s name, address and phone number.
It should also be noted that Section 45a-318 provides protection for funeral directors who reasonably follow the decedent’s instructions that are set forth in a document which complies with the statute.
Subsection (b) of 45a-318 provides that no person can challenge a funeral director’s decision to carry out the directions set forth in a properly executed instrument.
Disposition of Remains and Appointment of Agent Form (PDF)
