Alaska funeral licensing, price and prepaid-arrangement rights

In Alaska, the Department of Commerce, Community, and Economic Development has jurisdiction over the practice of mortuary science. A person may not practice mortuary science, or hold out as doing so, unless licensed by the department as an embalmer or funeral director. A funeral establishment needs a department permit that is conspicuously displayed and valid only for one specific location. Ask for the name and license details of the funeral director and the establishment permit, and check that the permit covers the location you are using. [1][4][2][3]

Anyone arranging or providing services or merchandise for the disposition of a body must give the person making the arrangements a written statement when the arrangements are completed and before the services or merchandise are provided. To the extent then reasonably ascertainable, it must show prices for listed items such as transfer of remains, embalming, use of facilities, caskets, hearse and staff services, the price of each supplemental item, the method of payment, and any fee for arranging future services. It must also show the amount for each item for which money will be advanced, and those items must be charged at the same amount as their cost to the person advancing the money. Ask for this written statement before services begin. [5]

Alaska’s consumer protection law lists, as an unfair or deceptive practice, arranging future funeral services or goods (other than cemetery lots and markers) unless the money or property received is deposited within five days in a trust at a federally insured financial institution. The institution must be the trustee, and the trust must be separate, in the name only of the person the arrangements are for, and usable only to buy the designated merchandise or services. A separate fee for consultation, counseling or arrangement services is allowed if it is disclosed to the person making the arrangement. Ask the seller for the name of the trustee institution and whether any arrangement fee is being charged. [6]

The person the arrangements are for can demand the money, and on that demand all money or property in the trust, including accrued interest, must be paid to them. If the money and accrued interest are not used for the intended purposes at that person’s death, everything in the trust becomes part of their estate. Ask how to make a written demand and to whom it should be sent. [6]

A person who suffers an ascertainable loss of money or property because of a practice declared unlawful by this law may bring a civil action for three times the actual damages or $500, whichever is greater, for each unlawful act or practice. The action must be started within two years after the person discovers, or reasonably should have discovered, that the loss resulted from the unlawful practice. Ask the seller for copies of the contract and any trust statements, and keep them with your receipts. [7]