Protecting the Funeral Rights of VermontersConducting a home funeral doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Vermont is protected for other families.
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Vermont Legal Essentials
- Vermonters can care for their own dead. Under Vermont law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal term is “family of the deceased, if any, or the undertaker, or person who has charge of the body,” defined in 18 V.S.A. § 5207. (See How to Have a Home Funeral.)
- Vermonters can determine what happens to their body after they die or can delegate that authority. 18 V.S.A. § 5227 specifies: (a) If there is no written directive of the decedent, in the following order of priority, one or more competent adults shall have the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services:
(1) an individual appointed to arrange for the disposition of decedent's remains pursuant to Chapter 231 (18 V.S.A.§ 9700) of this title;
(2) a surviving spouse of the decedent; and the list continues. (See Authority to Make Arrangements.)
Immediate family are by law the default decision makers regarding physical remains along with a designated agent if you want someone other than your immediate family to direct or control the disposition of your body. (See How to Complete Paperwork.) - Hiring a funeral director is not required to file a death certificate. The Vermont Electronic Death Registration System (OVERS) is where the death certificate is filed electronically, the end product being a certified death certificate for use in processing the descendent's estate. But Vermont gives citizens additional ways to complete the process, giving the next-of-kin or the designated agent the ability to file a paper certificate to the Town, City, or County Clerk who files it electronically. Next-of-kin or designated agents can also file a Preliminary Report of Death (PROD) by faxing, mailing, or delivering a copy of the form directly to the Office of Vital Records, who then file it electronically. (Go to How to Complete Paperwork for more information and links including Vermont Death Certificate Worksheet, Vermont Preliminary Report of Death, Vermont Death Certificate Completion and Filing Instructions.)
- Vermonters may arrange a burial or cremation without hiring a funeral director. If the death is not due to communicable disease, immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body, you must complete a Designation of Agent Form. (See How to Arrange Disposition, Vermont Advance Directive, Designation of Agent Form.)
- In Vermont, it is legal for a family member or friend to transport a deceased body. The burial/transit permit is the key piece; anyone can assist with transporting anywhere, including into other states. (See How to Transport the Dead.)
- Vermont families may bury on their own property if certain conditions are met. (Go to How to Arrange Disposition.)
- Embalming is not required in Vermont
- If the deceased died of a communicable disease (HIV or AIDS, diphtheria, hepatitis B, C, or D, plague, rabies, tularemia, or tuberculosis), contacting a local health authority is required.
- Burial vaults and caskets are not required by law for burial in Vermont, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
- Vermont law defines fetal death by a weight of 400 grams or 15 ounces, up to 20 weeks gestation. (18 V.S.A. § 5222.) Fetal deaths must be reported to the Medical Examiner if no medical authority or hospital was involved to complete a fetal death certificate.
Vermont Funeral Laws & Administrative Rules
Advance Directives For Health Care, Disposition Of Remains, And Surrogate Decision Making (18 V.S.A. § 9700)
Certificate furnished family; burial-transit permit (18 V.S.A. § 5201)
Certificate furnished family; burial-transit permit (18 V.S.A. § 5207)
Contagious disease reporting (18 V.S.A. § 5201)
Death certificate when no attending physician and in other circumstances; autopsy (18 V.S.A. § 5205)
Disposition of remains of the dead (18 V.S.A. § 5319)
Fetal Deaths (18 V.S.A. § 5222)
Office of the Vermont Medical Examiner (18 V.S.A. § 5205)
Permits; removal of bodies; cremation; waiting period; investigation into circumstances of death (18 V.S.A. § 5201)
Recording of plats (18 V.S.A. § 5311)
Report of death; death certificate; duties of licensed health care professional (18 V.S.A. § 5222)
Certificate furnished family; burial-transit permit (18 V.S.A. § 5201)
Certificate furnished family; burial-transit permit (18 V.S.A. § 5207)
Contagious disease reporting (18 V.S.A. § 5201)
Death certificate when no attending physician and in other circumstances; autopsy (18 V.S.A. § 5205)
Disposition of remains of the dead (18 V.S.A. § 5319)
Fetal Deaths (18 V.S.A. § 5222)
Office of the Vermont Medical Examiner (18 V.S.A. § 5205)
Permits; removal of bodies; cremation; waiting period; investigation into circumstances of death (18 V.S.A. § 5201)
Recording of plats (18 V.S.A. § 5311)
Report of death; death certificate; duties of licensed health care professional (18 V.S.A. § 5222)
Offices and Agencies Contact Information
Vermont Medical Examiners Charged with investigating and maintaining a file on every death that happens in Vermont under specific circumstances: during employment, when not expected, and when the person is not under the care of a physician, or enrolled in hospice, during the period immediately prior to death.
Vermont Department of Vital Records State agency in charge of creating “death certificates” and keeping records of all births and deaths in Vermont Families wishing to handle death-related paperwork without hiring a funeral director may do so by faxing, mailing, or delivering the completed Preliminary Report of Death form to their office within 48 hours of the death.
Vermont Board of Funeral Service State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Vermont Department of Vital Records State agency in charge of creating “death certificates” and keeping records of all births and deaths in Vermont Families wishing to handle death-related paperwork without hiring a funeral director may do so by faxing, mailing, or delivering the completed Preliminary Report of Death form to their office within 48 hours of the death.
Vermont Board of Funeral Service State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Regulations, Policies, and Laws: Professionals vs. Private Citizens
Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, Vermont Board of Funeral Service regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Vermont Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Where a professional, licensed funeral director or practitioner is involved, Vermont Board of Funeral Service regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Vermont Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
