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Can a funeral home in Michigan fail to properly store remains?

Can a funeral home in Michigan fail to properly store remains?

Full question:

Is it legal for a funeral home in the state of Michigan to not properly store the remains of a loved one? My loved one had already been deceased for three days before she was discovered. The funeral home had her for an additional three days and I feel that they did not store her body with proper refrigeration. As a result, when we had her transferred to another funeral home her body had badly decomposed and she cannot have an open casket funeral.

Category: Misc
Date: 04/07/2025
State: Michigan

Answer:

In Michigan, it is illegal for a funeral home to fail to properly supervise or dispose of a deceased person's body. According to Michigan law (MCL 750.160c), a funeral home must ensure that the remains are stored correctly, including proper refrigeration.

If a funeral home takes possession of a body and does not store it properly, they may be committing a misdemeanor or felony, depending on the duration of the violation. Specifically, if the failure occurs more than sixty days after taking possession, it can lead to misdemeanor charges, while a failure beyond one hundred eighty days can result in felony charges.

However, certain delays may be excused, such as those caused by seasonal factors, the availability of services, or directives from authorized persons regarding the timing of final disposition.

If you believe the funeral home did not meet these legal requirements, you may want to consult with a legal professional to explore your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the longest a funeral home can keep a body?

In Michigan, there is no specific time limit on how long a funeral home can keep a body, but they must store it properly. If a body is not handled correctly, legal consequences may arise. Generally, bodies should be buried or cremated within a reasonable time frame, typically within a few days to a couple of weeks, depending on circumstances. Delays may be excused for various reasons, such as waiting for family decisions or legal matters. It's important to consult with a legal professional if you have concerns about a specific situation.

Who regulates funeral homes in Michigan?

In Michigan, funeral homes are regulated by the Department of Licensing and Regulatory Affairs (LARA). This department oversees the licensing of funeral establishments and funeral directors. They ensure compliance with state laws and regulations regarding the handling and storage of remains. If you suspect a violation, you can report it to LARA for investigation.

How long can a funeral home hold a body in Michigan?

While there is no strict time limit on how long a funeral home can hold a body in Michigan, they must do so in a manner that complies with state laws. Proper refrigeration and care are required to prevent decomposition. Generally, bodies should be prepared for burial or cremation within a reasonable time frame, often within a few days to weeks, depending on circumstances. If you have concerns about a specific case, consulting a legal professional is advisable.

What is prohibited by the Funeral Rule?

The Funeral Rule is a federal regulation that prohibits funeral homes from engaging in deceptive practices. It requires them to provide clear information about prices and services and to allow consumers to choose only the goods and services they want. Funeral homes cannot charge for services not rendered or misrepresent the costs associated with a funeral. Violating these regulations can lead to legal action by consumers or regulatory bodies.

How long can a body be kept at home after death?

In Michigan, there is no specific law governing how long a body can be kept at home after death. However, it is essential to handle the body respectfully and in accordance with health regulations. Generally, it is advisable to arrange for burial or cremation within a few days. If you plan to keep a body at home, consider consulting with a funeral professional to ensure compliance with any local health regulations.

How long can a funeral home store a body?

A funeral home in Michigan can store a body for an indefinite period, provided it is stored properly to prevent decomposition. State law mandates that remains must be handled with care, including appropriate refrigeration. However, practical considerations usually dictate that arrangements for burial or cremation should be made within a reasonable time frame, typically within a few days to weeks. If you have specific concerns, it may be beneficial to seek legal advice.