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Law Q3

2 most important sources of law state statues & contract 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
irreversible cessation of total brain function according to the usual & customary standards of the medical profession death
expert tests for death 1. stethoscope 2. opthalmoscope 3. dye injection test 4. elecrocardiogram/electroencephelogram/EKE/EEG
inexpert tests for death 1. pulse test 2. ligature test 3. ammonia injection test 4. heart sound test
a body is ____ property quasi
a suit to recover personal property which has been wrongfully withheld from you suit in replevin
suit filed for holding a dead body suit in equity
possession of the body where they are now actual possession
possession of the body when they are elsewhere constructive possession
Order of Right of Disposition 1. spouse 2. adult children 3. competent parents 4. competent adult siblings
A spouse is or is not next of kin? is not
the person the deceased was living with who comes forward to make arrangements and pays the funeral bill householder
secondary right of disposition lies with... the state
a contract between funeral home & a living person or their agent for the providing of a funeral at the time of their death pre-need contract
benefits go to beneficiary of the policy whole life insurance
beneficiary signs over the proceeds to the funeral home whole life insurance
the funeral home ___ be a beneficiary of a whole life insurance policy cannot
policy that is taxable trust funded
interest on an insurance policy ____ taxable is not
interest on a trust funded policy ____ taxable is
option in policy to revoke it revocable
a _____ contract cannot qualify for public aid revocable
option in policy to make it irrevocable irrevocable
a _____ contract can qualify for public aid irrevocable
contract in which the price is locked in guaranteed
contract in which the price is not locked in non-guaranteed
If you enter into a pre-need contract at someone's home, they have ___ business days to cancel 3
funeral home in possession of body custodian
person who possess personal property of the deceased bailee
place where dead bodies are prepared pending disposition mortuary
place where dead bodies are help pending identification morgue
primary liability for payment of a funeral bill lies with ___________ the deceased's estate
3 sources of payment for funeral bill 1. estate 2. spouse 3. person who signed contract
the removal of a dead body or the remains thereof from its place of repose disinterment
a place where dead bodies are prepared pending disposition funeral home (aka mortuary)
Funeral homes are governed by ___ ordinances zoning
# of employees (ADA) 15
You cannot refuse to embalm if a person died from a communicable disease under ____ ADA
Which jurisdiction does OSHA fall under? Dept of Labor
the purpose of OSHA to protect the nation's employees
exceptions to OSHA 1. self-employed persons 2. persons with no employees
OSHA is authorized to... conduct workplace inspections
OSHA requirements for funeral homes 1. formaldehyde exposure standard 2. hazard communication standard 3. bloodborne pathogen standard
time weighted average less than .75 ppm/8 hours
short term exposure limit less than 2.0 ppm/15 minutes
action level .5 ppm
If the TWA is less than ___ ppm, no action is needed .5
If the TWA is ___ ppm - ____ ppm, remedial action required .5 - .75
safety data sheets hazard communication standard
An employer must provide Hep B vaccinations to employee's at the funeral home's expense under which OSHA standard? bloodborne pathogen
amendement to the bloodborne pathogen standard needle stick safety & prevention act
requires protection policy for sharps needle stick safety & prevention act
GPL requirements name of FH, address, phone #, fax #, title, effective date
the only non-declinable charge on the GPL basic services fee
# of mandatory items on GPL 16
# of mandatory disclosures on GPL 6
GPL mandatory disclosures 1. consumer has a choice 2. service fee is non-declinable 3. right to decline embalming/not required by law 4. casket price list 5. outer burial container price list 6. alternate container
contain certain caskets & OBCs together at a discounted price package funerals
The GPL must be distributed immediately upon discussing... 1. prices 2. goods 3. services 4. disposition
The GPL must be given to the consumer... for their retention
requirements of casket price list 1. name of FH 2. title 3. effective date 4. every casket offered
requirements of OBC price list 1. name of FH 2. title 3. effective date 4. disclosure that OBCs are not required by law
The Statement of Funeral Goods & Services Selected must be... itemized
The SFGSS is given to the consumer when? at conclusion of arrangements conference
act concerning warranties Magnuson-Moss Warranty Act
seller requires the buyer to buy a certain item from seller as a condition for the seller to provide the service **not allowed** tying arrangement
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
a person cannot disinherit... their spouse
died without a will intestate
to disinherit children... 1. expressly disinherit them 2. leave them a nominal sum
cannot forever hold title to your property after death rule against perpetuities
title to property must vest in a person within ____ years 21
a will written entirely in handwriting of testator holographic will
oral will declared by testator to be their will in the presence of witnesses nun-cupative
"soldier's will" or "sailor's will" nun-cupative
a writing that modifies a will codicil
_____ will revoke a will divorce
afterborns receive the share... they would have gotten if you died intestate
if an estate does not have sufficient funds to pay all its debts, to comply with terms of will, then heirs who were to take under will, will only get a proportional share of intended gift abatement
if a specific item given under a will is destroyed, no longer in existence, or not owned by testator at the time of death, then person who was supposed to receive item gets nothing ademption
administers will and estates probate court
a gift of real property devise
person receiving real property devisee
a gift of personal property bequest/legacy
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
heir under will dies before testator & their share goes to deceased's decedents (vertically) per stirpes
per head, each person, if a taker under will predeceases testator, then their share goes to the surviving members of same class (laterally) per capita
Created by: leahmurphy