Endowment Care Cemeteries Section
A “perpetual” or “endowed care cemetery” is a cemetery where lots are sold under
the representation that the cemetery and lots will receive perpetual maintenance
and oversight. This “endowed care” is provided free of further cost to the purchaser
after payment of the original purchase price for a lot or burial space. All “endowed
care” or “perpetual care” cemeteries in Idaho are required to be registered with
the Securities Bureau of the Department of Finance. The purpose of the Endowment
Care Cemetery Act is to ensure that sound business practices essential to the continued
furnishing of endowed or perpetual care are followed.
An endowed or perpetual care cemetery is required to establish an irrevocable trust
fund in the sum of at least $50,000 for the care of the cemetery. The income from
the trust fund may only be used for the general care, maintenance, and embellishment
of the cemetery.
The cemetery is required to submit a renewal fee and form every year, along with
a financial statement for its trust account. The Securities Bureau conducts periodic
audits of endowed care cemeteries to verify that the trust funds are being handled
properly.
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