Funeral Law Basics
Q: Do we have to hire a funeral director, even if we don't want to?
A: Yes. For at least two reasons:
- According to EPIC, MCL 700.3206: “The handling, disposition, or disinterment of a body shall be under the supervision of a person licensed to practice mortuary science in this state.” This includes body donation.
- Michigan is the only state that requires a funeral director to "certify" the death certificate.
Q: In other states, family members may "act" as a "funeral director" instead of hiring one. Can we do this in Michigan?
A: No. Funeral law in various states, including Michigan, contains phrases such as “funeral director or the authorized agent” or “funeral director or person acting as a funeral director.” Typically, the “person acting as a funeral director” is interpreted to include families. In Michigan, families are not recognized.
Q: If a family member dies in a hospital, nursing home or other care facility, will the facility release the body to our family?
A: Probably not. Hospitals, nursing homes, and other agencies typically will not release the dead into the direct physical custody of family. As a matter of policy, they will only release the dead to licensed funeral directors or their agents to protect against liability issues.
Q: Do we have to have the body embalmed?
A: That depends. If the body is to be viewed in a funeral-home, most funeral directors will require the body to be embalmed. It's a business policy, not a law.
You can avoid embalming by choosing a direct cremation, immediate burial or a family-led home funeral. But be aware that you have only two days to hold visitation and funeral ceremonies. According to conventional interpretation of the law, a nonembalmed body must reach it's place of final disposition within 48 hours.
Q: Does Michigan funeral law provide temperature reduction as an option to embalming?
A: Twenty-two states require temperature reduction, or cooling, as an alternative to chemical embalming. Michigan does not. However, some funeral homes, such as those that serve the Jewish community, have refrigeration units.
Q: Can we use our own vehicle to transport our dead family member to the cemetery or crematory?
A: Maybe. A 1973 opinion issued by the Michigan attorney general states that an unlicensed person, including family, may transport the body as long as the process is completed under the supervision of a licensed funeral director. Ultimately, your ability to do so will be based on whether the funeral director you employ will allow it. Often, funeral directors consider it a liability issue.
