New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 36 - STATE BOARD OF MORTUARY SCIENCE
Subchapter 11 - PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS
Section 13:36-11.3 - Contents of a prepaid funeral agreement

1. The name, title and license number of the provider;

2. The name, address, and telephone number of the provider's registered mortuary;

3. The name and address of the purchaser and, if different, the name of the intended funeral recipient;

4. The amount and method of the funding for the prepaid funeral agreement and a statement specifically indicating whether the prepaid funeral agreement is:

5. The name and location of the bank or pooled trust in which the prepaid moneys will be deposited if the funeral agreement is funded by a funeral trust;

6. If a funeral insurance policy, the policy number, if known, and the name and address of:

7. Notice that all funeral arrangements are revocable and that all funeral funding arrangements are severable from those funeral arrangements by the purchaser if alive, and if not, then by the intended funeral recipient where they are different persons. Upon the death of both the purchaser and the intended funeral recipient, the next of kin of the intended funeral recipient, in the order provided by N.J.S.A. 45:27-22, shall have the right to revoke the funeral arrangements and to sever the funeral funding arrangements from the funeral arrangements;

8. Notice that a prepaid funeral agreement may be funded by an irrevocable trust or irrevocable funeral insurance policy, consistent with the requirements of 13:36-11.6, when the intended funeral recipient is an aged, blind or disabled applicant for, or recipient of, the public assistance programs provided for by 44:7-85 et seq., or is a similarly situated individual who reasonably anticipates applying for such assistance within six months from the execution of the prepaid funeral agreement;

9. Notice that a prepaid funeral agreement funded by an irrevocable trust or an irrevocable funeral insurance policy, as provided in 13:36-11.6, shall be nonrefundable during the lifetime of the intended funeral recipient;

10. Notice that, if the intended funeral recipient's death occurs in a location other than that served by the provider, alternate funeral arrangements may be required unless otherwise specified;

11. Notice that a provider may substitute goods or services of equal quality, value and workmanship if those specified in the funeral agreement are unavailable at the time of need. Any resulting change in price will be reflected on a revised statement which shall be furnished at the time of need;

12. Notice that the intended funeral recipient shall automatically assume the same legal rights as the purchaser to administer a prepaid funeral arrangement if the purchaser predeceases the intended funeral recipient;

13. Notice that upon the death of the intended funeral recipient, the provider shall calculate the current retail prices of the prepaid funeral arrangements, and:

14. Notice that if a prepaid funeral agreement is a guaranteed price agreement, the provider is liable for the price guarantee, and neither the issuer of a funeral insurance policy nor the trustee of a funeral trust is liable; and

15. Notice that the provider shall present a final and comprehensive bill to the legal representative of the deceased funeral recipient upon completion of performance under the prepaid funeral agreement.