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Consumer Law, Estate Planning, Civil Rights and Internet Law for Massachusetts
Q: Is it legal in Massachusetts for a funeral home to post an obituary without the family's consent?
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James L. Arrasmith
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In Massachusetts, a funeral home should not publish an obituary without the family's consent. While obituaries are not legally required, they often contain personal details that the family has a right to control. Unauthorized publication could raise concerns about privacy and respect for the deceased and their loved ones.
State laws do not explicitly prohibit funeral homes from posting obituaries without permission, but doing so could lead to legal or ethical issues. If the obituary includes private or sensitive information without consent, it might violate privacy laws or cause emotional distress. Families who feel their wishes were disregarded may have grounds for a complaint or legal action.
If a funeral home has posted an obituary without your approval, you can request its removal. It may help to contact the funeral director directly and express your concerns. If they refuse to take it down, you can explore legal options, such as speaking with an attorney or filing a complaint with the state licensing board. Families deserve to have control over how their loved one is remembered.
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