When individuals or family members have not made funeral arrangements before the time of their death, usually family members call the funeral firm of their choice (which may not be the deceased's) and have the body taken to the funeral home of their choice.
Burial can take place as soon as a permit is issued and the cemetery is ready. Burial must take place in a municipal or private cemetery approved by the local board of health. If cremated remains are to be buried in a cemetery, a burial permit must be provided to the cemetery.
People holding a power-of-attorney (POA) for a relative or friend at the time of death often believe that they have the right to make funeral arrangements for the person after they die. This is not the case.
Although the right to a decent burial has long been recognized at common law, no universal rule exists as to whom the right of burial is granted. The right to possession of a dead human body for the purpose of burial is, under ordinary circumstances, in the spouse or other relatives of the deceased.
In Massachusetts, it is legal for a family member or designated agent to handle everything, without a funeral director. The executor or personal representative may carry out written instructions of the deceased relating to the body, funeral, and burial arrangements.
If the insurance company does not have its own form, the funeral home may use the attached Irrevocable Assignment of Policy Ownership form. Fill out the information requested, have the policyowner sign the form before a notary, and submit the form to the insurance company.
Policy Assignment Options The recipient will complete a form to designate the benefits directly to the funeral provider or a third party, who then files a claim with the life insurance company.