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Mortuary Law
Qtr 3 Final
| Question | Answer |
|---|---|
| Study of the laws relating to the disposition of dead human beings | Mortuary Law |
| Name the 2 main sources of mortuary law | *Statutory Law *Contract Law |
| Body of a human being deprived of life and not entirely disintegrated | Dead Body |
| The irreversible cessation of total brain function according to the usual and customary standards of the medical standard | Death |
| Are skeletal remains considered a dead body? | No |
| Name the expert tests for death | Stethoscope, Opthalmoscope, Dye Injection Test, Electrocardiogram, Electroencephalogram |
| Name the inexpert tests for death | Pulse Test, Ligature Test, Ammonia Injection Test, Heart Sound Test |
| What type of property are dead bodies? | Quasi Property |
| When you die, do you still have rights as a person? | No. The only right you have is to a decent burial and your family has the right to give you one (Regina vs. Stuart) |
| During old ecclesiastical England, what type of property was a dead body? | It was NOT property |
| A suit filed against someone who has wrongfully withheld personal property | Replevin Suit |
| Is it true that you can file an injuction or restraining order if a funeral home refuses to give up a body? | Yes |
| What is the main reason for having final disposition for a dead body? | To protect the public health |
| Name the main methods of dispostion | *Burial *Cremation *Burial at Sea *Donation to Science |
| Name the most common method of disposition | Burial |
| Name the most sanitary method of disposition | Cremation |
| Is embalming required by law? | No |
| Name the rights of the person with the right to disposition | *Right to custody of the body in the condition as is at the time of death *Right to make arrangements *Right to an autopsy *Right to exclude people from taking pictures |
| Name the 2 types of possession of a body | *Actual ex: body is at home with the person with right of disposition *Constructive ex: body is at the funeral home, not under direct possession |
| Who has the primary right to disposition? | The NOK or the person with the right of disposition |
| Who has the secondary right to disposition? | The State |
| Name the order of family member with the right to disposition | *Living Spouse *Competent Adult Children *Competent Parents of Deceased *Siblings *Aunts, Uncles, Nieces, Nephews, etc |
| Person named in the will to administer the estate | Executor |
| The person who owns the home where the decedent lives and dies | Householder *may not have the right to dispose but may have the duty to |
| Funeral arrangements made before the death of a person | Pre-need Contract |
| Is the interest from trust funded pre-needs taxable? | Yes |
| Is the interest from insurance funded pre-needs taxable? | No |
| If a person wants to go on public aid, does the pre-need need to be irrevocable to not be considered an asset? | Yes |
| The transfer of possession of property without the transfer of title | Bailment *Bailor: Family *Bailee: Funeral Home |
| Where are dead bodies prepared for disposition? | Mortuary |
| Where are dead bodies held pending ID? | Morgue |
| Is the funeral home liable for negligence by their agent driving livery? | Yes |
| What type of carrier is a funeral home considered? | Private Carrier |
| Statement of the monetary value of the services rendered and the merchandise sold by the funeral home for the disposition of a dead body | Funeral Bill |
| Who is primarily liable for the funeral bill? | The Estate |
| Having enough assets to be liquidated in the estate to pay off the funeral bill and others bills/creditors | Solvent *FH is the first to be paid out of the estate |
| Not having enough assets in the estate to be liquidated to pay off the funeral bill or other bills/creditors | Insolvent |
| Describe the Family Expense Statutes | Each spouse would be liable for any expenses the other acquires during the marriage. The funeral falls under as a necessity. This does not make the children liable for paying their parents' funerals. |
| Under old common law, who was responsible for the families funerals? | The husband was responsible for the funerals of his wife and children. The wife was NOT responsible for the funeral of her husband or children. |
| The exhumation or removal of the deceased from its place of repose after disposition has been completed | Disinterment |
| What are the two reasons for disinterment? | Public Interest and Private Interest |
| Funeral Homes are not nuisances per se | True |
| Funeral Homes can become a nuisance in fact | True |
| Where does the government get its authority to enforce laws regarding cemeteries? | Police Power of the Legislature |
| What type of zoning is necessary to build a funeral home? | Business or Commercial Zoning |
| Is the funeral home liable for the warranties a manufacturer makes on a casket? | yes |
| What does the ADA (Americans With Disabilities)do? | *Governs our involvement with the public *Governs our regulations for hiring people with disabilities |
| BFOQ | Bonified Occupational Qualification |
| When does a funeral home have to follow the provisions of the ADA? | When they hire 15 or more employees |
| A place where dead bodies are buried in ground set aside for this particular purpose | Cemetery |
| Name the two types of cemeteries | Private and Public |
| Grave owners only own the use of that grave for proper use | True |
| A writing which provides for the legal disposition of a person's property at their death | Will |
| The person making the will | Testator **If female, Testatrix |
| Person who died without drawing up a valid will | Died Intestate |
| In most states you cannot disinherit your spouse, they get a percentage | True |
| You can disinherit your children if you specifically state so in the will | True |
| When you leave property to someone in a will the title must vest in the heir within 21 years | Rule Against Perpetuities |
| An oral will | Nuncupative |
| How can you revoke a will? | Destroy It, Deface It, Rewrite It |
| The latest dated will will not rule over the older ones | False |
| The modification of a will | Codicil |
| The court will reduce the proportion of shares to each heir to satisfy the terms of the will if there is not enough in the estate | Abatement |
| If the testator in his will has left a certain item of property to a specific heir but at the time of death the item is sold or not in existence the heir gets nothing | Ademption |
| A gift of real property in a will | Devise |
| The person who receives real property from a will | Devisee |
| A gift of personal property in a will | Bequest (Legacy) |
| The person who receives personal property from a will | Legatee |
| Court appointed administrator of an estate | Administrator **If female, Administratrix |
| If an heir predeceases a testator, then their share goes to their descendants lineally | Per Stirpes |
| Per head; if an heir predeceases a testator, their share gets equally divided among the other heirs | Per Capita |
| Rule established in 1984, revised in 1994; includes 16 mandatory disclosures, created to protect the consumer, prevents the Funeral Home from making misrepresentations | FTC Funeral Rule |
| Contains all merchandise and services you offer itemized; must contain the FH name, address, phone, effective date, words "....." | General Price List |
| A funeral home cannot charge a fee for embalming a contagious disease case | True |
| **know the 16 mandatory disclosures/items that must be present on GPL** | **know the 6 mandatory disclosures that inform the consumers** |
| Any time you have a face to face with a person about prices you must give them a GPL | True |
| Funeral where the services and casket are offered at a discount, supplemental to the GPL | Package Funeral |
| The CPL and the OBCPL must contain what? | *The FH name, effective date, name of the list *Needs to list all the caskets and OBCs available for sale *Needs to list alternative containers available for cremation |
| Written itemization of all the services and merchandise that you sell to a customer | Statement of Goods and Services |
| Tying arrangements are allowable | False |
| You can't refuse to give prices to inquiries over the phone and you can't insist on them giving you their name | True |
| Occupational Safety and Health Act; all businesses must follow their regulations | OSHA |
| Name the 3 main OSHA standards for funeral homes | *Formaldehyde Exposure Standard *Hazardous Communication Standard *Blood Borne Pathogen Standard |
| What is the TWA? | *Time Weight Average *Test done over an 8 hour period *.75 ppm limit |
| What is the STEL? | *Short Term Exposure Level *3 tests done for 15 mins each *2.0 ppm limit |
| What is the action level? | 0.5 ppm limit *If over the action level you must institute steps to lower HCHO exposure, periodic monitoring every 6 mos until the level is below 0.5, provide medical questionnaire to employees |
| If you hire a new employee or change something about your prep room you need to retest your formaldehyde levels | True |
Created by:
sbarton