Last Rights of Central Pennsylvania
Frequently Asked Questions
1. Is a licensed director or funeral home required by law in Pennsylvania?
No. It is often falsely assumed that the services of a licensed funeral home or director are required by law to move a body from the place of death, to notify the proper authorities, and to finally bury the body. On some occasions, the person in charge at the hospital or hospice may have to be reminded that it is legal for a family member to take charge of the proceedings. If that happens, they can be referred to the following Pennsylvania law:
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety
Chapter 2. Registration of Vital Statistics
Vital Statistics Law of 1953
Article V. Death and Fetal Death Registration
450.501: The person in charge of interment or of removal of the dead body or fetal remains from the registration district shall file the death certificate with any registrar who shall be authorized to issue certified copies of such death.
In other words, “the person in charge” could be a loved one. It doesn’t have to be a funeral director. It should be noted, however, that this person or family member must follow the same Pennsylvania statutes and procedures required of licensed funeral directors.
2. What if the person dies on the way to the ER or at the hospital or nursing home?
This makes obtaining a death certificate easier, but requires a transit permit from your local Office of Vital Statistics for the body to be moved back home or to the burial ground—or a fee-for service agreement with a local funeral director to pay for the transport of the body. Once this is obtained, and the Medical Examiner's Office has declined jurisdiction, the body must be released back to the family on request. Resist any pressure to release the body only to a funeral home if those are not your wishes. If an offer is made to transport the body for you, the point-to-point cost of that transportation – in writing – should be obtained before accepting. A family member's personal van, large SUV, or pickup truck are all perfectly normal means for transport at a savings which can be thousands of dollars.
3. How soon does someone have to go into the ground, especially during the summer?
The body must be "buried, embalmed, or refrigerated" within 24 hours of death. Refrigeration is a way of keeping the body below 40 degrees F. Most funeral homes have coolers. Refrigeration is also done with dry ice, and often with gel packs and regular ice (in bags to keep the water from making a mess as it melts), or simply by turning the AC (home or auto) to the coldest setting.
4. What is meant by the term "traditional burial"?
A traditional burial is one performed by family members and friends. Current burial practices involving the funeral home business are relatively new. The traditional burial goes back thousands of years to the present day. Because a traditional burial does not generate any profit, however, there is no massive marketing strategy to keep it in the public eye.
5. Are there any situations where a funeral home or director can legally make claim to a body despite the wishes of family members?
No. Only when the county or state has contracted with a business for the handling of unclaimed bodies, where next of kin cannot be found and notified, is this legal.
6. Are there any restrictions on where ashes (cremains) can be scattered or buried?
According to a local crematory, the only State restriction on scattering cremains is that if you are going to bury or scatter ashes on private property, you must have the permission of the property owner. With regards to scattering cremains on public lands, lakes, or streams, there are no restrictions in that regard, but we were advised to do it discreetly and privately. For more on this subject, see the FCA Newsletter article entitled "Scatter Brained" (page 6).
7. Who should we call if a loved one dies at home?
According to Dave Morrison, FCA-National Board, here is a way to think about i:
#1a Dad is failing, in his late 80's. Found dead in the morning. Call his doctor. The doctor will drop off the plain white death certificate, which needs to be completed on the top 2/3 before taking to the local registrar.
#1b: hospice. An RN-pronouncer will comeout with the plain white death cert and leave it with the body (they usually drop it off at the FD's). You will have to get the cause of death signed from the doctor before taking it to the local registrar before burial or cremation (long weekend: a temporary burial permit will do; cremation - must get MD's sig before faxing it to the coroner to give his consent).
#2 Mom is in her 70's, not feeling well. Retires early. Is dead in the morning. Do not move or touch the body. Call the doctor, and let him make the decision as to whether this is a coroner's case or his/her decision #1a. If no doctor to call, call the local police, who will contact the coroner's office. They will either sign off, or take the body for an autopsy (stroke or MI usually). You may have to drive to the coroner's office to pick up the plain white d. cert. as they do not always carry blank forms with them. You need the designated agent form from "Before I Go" the decedent has previously filled out. Presumably the chair of the burial arrangements group has already met with the coroner's office, so they will not be blindsided. They hate surprises. The point of all of this: a death is not an emerge
Funeral Facts
- Caring for a deceased loved one oneself is legal in Pennsylvania, as it is in most states.
- Embalming is not essential. Dry ice works well for preservation during a three-day home ceremony.
- The modern practice of embalming began during the Civil War, for bodies shipped long distances. By 1920 almost all bodies in the U.S. were embalmed. The practice is still rare in other countries.
- In Pennsylvania, a family member can (1) act in lieu of a funeral director to orchestrate all arrangements and carry out all decisions; (2) fill out and file end-of-life documentation; (3) transport their deceased loved one to a home, place of ceremony, crematory or cemetery.
- Casket plans for building a homemade wooden casket: $15.95. A cardboard cremation casket may be purchased for $30-$50.