Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
Prearrangement or preconstruction sales contracts
(1)Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider. The certified provider shall retain one copy of the contract and a copy of the completed contract shall be given to:
(a)The purchaser; and
(b)The depository or the master trustee, if applicable.
(2)Upon receiving trust funds under ORS 97.941 (Prearrangement or preconstruction trust fund deposits), the master trustee shall sign a copy of the contract received under subsection (1) of this section, retain a copy for its files and return the contract to the purchaser.
(3)Each completed contract shall:
(a)Comply with the plain language standards described in ORS 180.545 (Plain language standards) (1);
(b)Be consecutively numbered;
(c)Have a corresponding consecutively numbered receipt;
(d)Be preprinted or, if the certified provider uses a master trustee, be obtained from the master trustee;
(e)Identify the purchaser and certified provider who sold the contract;
(f)Specify whether the contract is a guaranteed contract or a nonguaranteed contract;
(g)Specify the specific funeral or cemetery merchandise or services or undeveloped interment spaces included and not included in the contract; and
(h)If a guaranteed contract, disclose that the certified provider is entitled to receive 10 percent of the sales price.
(4)(a) Notwithstanding ORS 97.943 (Distributions from prearrangement trust fund deposits) (8), in the case of a prearrangement sales contract, if at the time of entering into the contract, the beneficiary of the contract is a recipient of public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), or reasonably anticipates becoming a recipient of public assistance or medical assistance, the contract may provide that the contract is irrevocable.
(b)The contract may provide for an election by the beneficiary, or by the purchaser on behalf of the beneficiary, to make the contract thereafter irrevocable if after the contract is entered into, the beneficiary becomes eligible or seeks to become eligible for public assistance or medical assistance. [Formerly 128.421; 2007 c.661 §18; 2012 c.7 §7; 2013 c.688 §11]
Atty. Gen. Opinions
Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457