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§ 1273. Written agreements

(a) Each prepaid funeral arrangement shall be expressed in a written contract. The Director shall adopt rules for standard provisions to be included in all pre-need trust forms and may adopt a standard form that every funeral director accepting prepaid funeral arrangements shall use. Those provisions shall include:

(1) Disclosure of whether the contract is revocable or irrevocable.

(2) A declaration of the person who will most likely be responsible for the funeral and who is to be notified of the prepaid funeral.

(3) Any other provision determined by the Director to be reasonably necessary to ensure full disclosure to the buyer of all prepaid funeral arrangements as required under this chapter.

(b) The contract shall itemize the funeral services and merchandise to be provided. At the time of performance, if the itemized merchandise is no longer reasonably available, the funeral director may substitute merchandise similar in style and at least equal in quality of material and workmanship. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 1995, No. 138 (Adj. Sess.), § 9; 2009, No. 35, § 23; 2017, No. 144 (Adj. Sess.), § 15.)