New York State Funeral Directors Association

A major goal of NYS preneed law is to ensure that preneed consumers have a full written explanation of all meaningful aspects of the preneed agreement. New York State law mandates that every irrevocable preneed agreement must contain the following consumer disclosure, in a minimum of 12 point type:

New York law requires this agreement to be irrevocable for applicants for and recipients of supplemental security benefits under section two hundred nine of the Social Services Law or medical assistance under section three hundred sixty-six of the Social Services law, and for the moneys put into a trust under this agreement to be used only for funeral and burial expenses. Whether the agreement is for your funeral and burial expenses or for those of a family member, if any money is left over after your funeral and burial expenses have been paid, it will go to the county. You may change your choice of funeral home at any time. If this agreement is for the funeral and burial expenses of a family member, after your death such family member may change the choice of funeral home at any time.

All literature promoting prearranged funeral and burial services prepared after January 1, 1997 must contain language disclosing the irrevocable nature of burial trusts established for an applicant or recipient of supplemental security income benefits or medical assistance. Following are some samples of the language that could be used:

New York State law mandates that all contracts for prefunded funerals executed by applicants for or recipients of Medicaid/SSI be irrevocable.

New York State law mandates that funeral/burial trust funds for Medicaid/SSI recipients must be irrevocable.

Have more questions? Please do not hesitate to ask your funeral director.