FsLaw glossary 2 preparation 112 Flashcards
that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.
Funeral service law (mortuary law/mortuary jurisprudence)
written instrument authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.
General power of attorney -
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
Gross negligent act
an agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need (in the future) for a sum not exceeding the original amount of the aforementioned contract plus any accruals, regardless of the current prices associated with providing the services and merchandise at the time of the funeral.
Guaranteed contract
judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
Guardian
one who inherits, or is entitled to receive property by will or by laws of intestacy.
Heir
will written entirely by the hand of the testator/testatrix.
Holographic will
occupier of a house; one who owns or controls real estate where a death occurs.
Householder
the estate which passes from the decedent to his/her heirs.
Inheritance
the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.
Insolvent estate -
the act of placing the dead human body in the ground.
Interment
between two or more states.
Interstate
the state or condition of dying without having made a will; intestacy
Intestate
the method used to distribute property owned by a person who dies without a valid will
Intestate succession
within a state.
Intrastate
listing and valuation of a decedent’s assets by a personal representative of the estate.
Inventory
one who has been invited on the property by the landowner; persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director’s services are some examples.
Invitee
agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary.
Irrevocable contract
one’s relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).
Kin
those rules of conduct commanding what is right and prohibiting what is wrong.
Law
one who inherits personal property under a will.
Legatee
responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable.
Liability
claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property).
Lien
automotive equipment made available for hire.
Livery
a document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and which becomes effective when such person is no longer able to make decisions regarding his/her medical treatment.
Living will -
improper or negligent professional act by a professional person.
Malpractice
forensically-trained physician whose duty it is to investigate questionable or unattended deaths (has replaced the coroner in many states); (see also coroner)
Medical examiner–
mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., and may be accompanied by physical injury or by an outrageous intentional or grossly negligent act.
Mental anguish
place where dead human bodies are kept until identified and/or released for final disposition.
Morgue
secured loan on a parcel of real estate.
Mortgage
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.
Moral turpitude
any alteration or change made to a dead human body from the time of death, other than by natural causes.
Mutilation
failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary or similar circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).
Negligence
agreement in which the funeral home promises to apply the amount pre-paid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the death occurs.
Non-guaranteed contract
landowner’s use of property which interferes with the public or another landowner’s use of his property.
Nuisance
acts, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated.
Nuisance in fact -
acts, occupations or structures which are nuisances at all times and under all circumstances; it may be prejudicial to public morals, dangerous to life, or injurious to public rights.
Nuisance per se
oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states).
Nuncupative will
governmental agency with the responsibility for regulations and enforcement of safety and health matters for most employees.
Occupational Safety and Health Administration (OSHA)
law passed by a local municipal governing body (e.g., zoning, building, safety, etc.).
Ordinance
an act with complete disregard for proper conduct which transcends the bounds of common decency.
Outrageous act
the method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kindred to the decedent.
Per capita
person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.
Personal representative
method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.
Per stirpes -
the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
Police power -
an instrument granting someone authority to act as agent or attorney-in-fact for the grantor; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal.
Power of attorney
decision of a higher court (e.g., appellate or supreme court) which is thereafter followed as an example in subsequent similar cases.
Precedent
claim which is accorded a priority, advantage or privilege; a superior claim or right of payment as against another of the same kind or class. The first claim to be paid is the highest preferred claim and superior to all other claims.
Preferred claim
funeral arrangements made in advance of need that include provisions for funding or prepayment.
Pre-funded funeral arrangements
that portion or location in a funeral establishment specifically designed and equipped for embalming and otherwise preparing dead human bodies.
Preparation room
