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Mortuary Law Q3

What are the primary sources of law for funeral directors? state statutes & common law
the body of a human being deprived of life and not entirely disintegrated dead body
the study of those branches of law that pertain to the disposition of dead human bodies mortuary law
What is a skeleton considered to be under mortuary law? property; not a dead body
What are cremated remains considered to be under mortuary law? property; not a dead body
What type of property is a dead human body? quasi property
Expert or Inexpert Test for Death: stethoscope expert
Expert or Inexpert Test for Death: epthalmoscope expert
test that examines the retinas of the eyes epthalmoscope
Expert or Inexpert Test for Death: dye injection test expert
Expert or Inexpert Test for Death: electrocardiogram (EKG)/electroencephalogram (EEG) expert
Expert or Inexpert Test for Death: pulse test inexpert
Expert or Inexpert Test for Death: ligature test inexpert
Expert or Inexpert Test for Death: ammonia injection test inexpert
Expert or Inexpert Test for Death: heart sound test inexpert
English Ecclesiastical Law; body is property of the church, not the property of the family no property theory
a suit to recover personal property that has been wrongfully withheld from you Suit in Replevin
a suit filed for wrongfully withholding a body Suit in Equity
primary reason for disposition of a dead human body public health
most sanitary method of disposition cremation
irreversible cessation of total brain function according to the usual & customary standards of the medical professions death
first case that gave a person the right to a decent burial Regina v. Stewart
Cannot file a suit in ____ for a dead body replevin
most common method of disposition burial
possession of the body wherever they died or currently are being held actual possession
possession of the body when they are being held elsewhere constructive possession
When does the funeral home take actual possession of a body? when the body is placed on the cot
Permits/forms needed - signed death certificate - auth. from Next of Kin/ RoD - ME/Coroner's permit - cremation permit - burial permit - transit permit
a contract between a funeral home & a living person or their agent for the providing of a funeral at the time of their death pre-need contract
whole life insurance policy insurance funded policy
policy in which the beneficiary signs over the proceeds to the funeral home insurance funded policy
A funeral home ___ be a beneficiary of an insurance policy cannot
A funeral home ___ be a trustee cannot
Which kind of policy is taxed? trust funded policy
when title to a property is held by a person for the benefit of another person trust
For tax purposes, interest on an insurance policy ____ taxable is not
For tax purposes, interest on a trust funded policy ____ taxable is
may be terminated by the purchaser at any time prior to death of the beneficiary with the purchaser receiving a refund of all or some part of the funds paid on the contract revocable
the purchaser may not cancel the contract but can be transferred to another funeral home irrevocable
contract in which prices are locked in guaranteed
contract in which prices are not locked in (cost may go up) non-guaranteed
contract/policy which qualifies for public aid irrevocable
In compliance with FTC, if you enter into a pre-need contract at the client's home, they have __ business days to cancel the contract 3
T/F All of the FTC rules apply to both pre-need & at-need contracts true
funeral home/director in possession of a dead body custodian
a place where dead bodies are prepared pending disposition mortuary
a place where dead bodies are held pending identification morgue
assets left upon death of a person estate
primary liability for payment of a funeral bill lies with the ___ decedent's estate
Under common law, if a wife dies, her _____ is liable for payment of the funeral bill husband
Under common law, if a husband dies, his _____ is liable for payment of the funeral bill estate
if you have more assets than liabilities solvent estate
if you have more liabilities than assets insolvent estate
3 sources of payment for a funeral bill 1. estate 2. spouse 3. person who signed the contract
the removal of a dead body or the remains thereof from its place of repose disinterment
Disinterment may be made for ___ or ___ reasons public interest or private interest
public interest reasons for disinterment - autopsy - moving to veterans' cemetery - Rule of Eminent Domain
the government can take over private property and put it to public use Rule of Eminent Domain
private interest reasons for disinterment - abandoned cemeteries - moving - change of area - wrong plot
a place where dead bodies are prepared pending disposition funeral home (mortuary)
funeral homes ___ a nuisance per se are not
What governs the location of a funeral home? zoning ordinances
act that protects disabled persons & requires barriers to be removed ADA
Which act states that you cannot refuse to embalm a person with a communicable disease, such as AIDS? ADA
ADA applies to businesses with ___ or more employees 15
a place where dead bodies are buried in space reserved for such purpose cemetery
Cemeteries ____ nuisances per se are not
cemeteries owned by a governmental body public cemeteries
cemeteries owned by private individuals private cemeteries
T/F Written authorization is required for cremation true
T/F Authorization for cremation must be written and cannot be oral true
T/F Authorization is required for removal of devices such as pacemakers true
Who is the only exception to OSHA rules? self-employed individuals with no employees
OSHA requirements for funeral homes 1. Formaldehyde Exposure Standard 2. Hazard Communication Standard 3. Bloodborne Pathogen Standard
To which standard does the needlestick safety & prevention act belong? Bloodborne Pathogen Standard
time weighted average 8 hrs = less than .75 ppm
short term exposure limit 15 mins = less than 2.0 ppm
action level .5 ppm
If the time weighted average is less than .5 ppm, what is needed? no action needed
If the time weighted average is .5 - .75 ppm, what is needed? remedial action to lower the average below .5 ppm
Which standard requires safety data sheets for all chemicals used? Hazard Communication Standard
Which standard requires employers to provide employees with Hepatitis B shots? Bloodborne Pathogen Standard
Year OSHA was founded 1970
Year Hazard Communications Standard was founded 1988
Year Bloodborne Pathogen Standard was founded 1988
Year Bloodborne Pathogen Standard was amended 1993
Year Needlestick Safety & Prevention Act was created 2000-2001
Year Funeral Practice Trade Regulation Rule was founded 1984
Year FTC Funeral Rule was amended 1994
the cornerstone of the FTC funeral rule general price list
4 documents required by the FTC funeral rule 1. GPL 2. Casket price list 3. Outer burial container price list 4. Statement of goods & services selected
Who is obligated under the FTC funeral rule? anyone who sells both funeral goods & services to consumers
requirements of the GPL - title "General Price List" - name of FH - address of FH - phone & fax #s - effective date - contact info for other locations (unless prices are different)
What is the only non-declinable charge on the GPL? basic services fee
The casket price list must offer what type of container for cremations? alternate container
Is the statement of goods & services selected required to be signed? no
A ____ can be given in lieu of a statement of goods & service selected contract
Can you put "no charge" on the statement of goods & services for a discounted/free item? no
Can you refuse third party merchandise? no
How long must you keep the GPL from the last date of distribution? 1 year
T/F The FTC allows a funeral home to disclaim warranties to relieve liability true
Which act governs warranty disclaimers? Magnuson-Moss Warranty Act
When receiving price inquiries over the telephone, what can you not ask the caller? their name
When receiving price inquiries over the phone, what should you do if you cannot answer the caller's questions? tell them a funeral director will get back to them as soon as possible
a document that legally disposes of a person's property at the time of their death will
the person that draws up a will testator
female testator testatrix
What age must you be to draw up a will? at least 18 years old
T/F [Typically] you cannot disinherit your spouse true
Under what conditions could a spouse be disinherited? 1. the spouse caused the death 2. pending divorce (must be proven)
died without a will intestate
T/F You can disinherit your children true
What must be done in order to disinherit your children? 1. must expressly state it OR 2. leave a nominal sum of money
rule that states that an individual cannot forever hold title to their property after death Rule Against Perpetuities
Title to property must vest in a person within ___ years 21
T/F Wills must be witnessed true
a will written entirely in the testator's handwriting holographic will
an oral will declared by the testator to be their will in the presence of witnesses nun-cupative will
"soldier's & sailor's will" nun-cupative will
a writing that modifies/amends a will codicil
T/F Marriage revokes a will true
revokes a will to the extent that a percentage must be left to your spouse marriage
In case of divorce, what takes precedence over a will? property settlement
Which will always governs? last will
What share does an afterborn child receive? the share they would have received if testator died intestate
if an estate does not have sufficient funds to pay all of its debts to comply with the terms of the will, then heirs who were to take under will will only get a proportional share of the intended gift abatement
if a specific item given under a will is destroyed, no longer in existence, or not owned by the testator at the time of death, then the person who was supposed to receive the item gets nothing ademption
court that administers wills and estates probate court
T/F Not all wills need to be probated true
a gift of real property devise
person receiving real property devisee
T/F A Will can only be contested based on its legality/validity true
anyone who inherits, either by will or intestate heir
a gift of personal property legacy/bequest
bequest legacy
legacy bequest
person receiving personal property legatee
person named in will by testator to administer estate executor
person appointed by court to administer estate, when no executor is named administrator/administratrix
if the heir under will dies before the testator, then their share goes to the deceased's decendents (vertically) per stirpes
if an heir under will dies before the testator, then their share goes to surviving members of the same class (laterally) per capita
per head per capita
If you die without a will, assets are automatically distributed ___ ___ per stirpes
Created by: leahmurphy