Funeral Law Flashcards
Other than transporting from the place of death to a licensed facility or other holding facility, what must be done to a person’s body who has died of or with communicable diseases prior to being transported?
3 parts
1) Thoroughly embalmed with approved disinfectant solution,
2) All orifices shall be closed with absorbent cotton, and
3) Shall be washed (OR 830-030-0070[1])
List the people within the applicable classes who have the right to control:
8 parts
a) Spouse of the decedent,
b) A son or daughter of the decedent 18 years of age or older,
c) Either parent of the decedent,
d) A brother or sister of the decedent 18 years of age or older,
e) A guardian of the decedent at the time of death,
f) A person in the next degree of kindred to the decedent,
g) The personal representative of the estate of the decedent,
h) The person nominated as the personal representative of the decedent in the decedent’s last will,
i) A public health officer (ORS 97.130[2][a]-[i])
What is the definition of an “indigent person”?
4 parts
A deceased person who does not have a death or final expense benefit or insurance policy that pays for disposition of the deceased person’s body or other means to pay for disposition of the deceased person’s body and:
a) Who does not have a relative or other person with the legal right to direct and the means to
pay for disposition of the deceased person’s body,
b) Whose relative, or other person, with the legal right to direct the disposition of the deceased
person’s body does not pay or arrange to pay for, or refuses to direct, the disposition of the deceased person’s body within 10 days of being notified of the death, or
c) For whom no person other than a person described in paragraph (a) or (b) of this subsection wishes to direct and pay for the disposition of the deceased person’s body (ORS 97.170[1][a]- [c])
What must a funeral establishment complete within 5 days after taking custody of an unclaimed body of a deceased person?
7 parts
A) Submit a report of death,
B) Obtain all contact information known to the medical examiner, a health care facility or law
enforcement regarding persons with the right to control disposition,
C) Attempt to locate and notify the persons with the right to control disposition,
D) Arrange with any person listed in ORS 97.130 who will pay the expenses to make disposition
of the body,
E) If no person with the right to control disposition can be located to pay the expenses to make
disposition of the body, arrange with a person or institution not listed in ORS 97.130 that will
pay the expenses to make disposition of the body,
F) Determine whether the Department of State Lands or other person is appointed as the
personal representative of the deceased person pursuant to ORS 113.085, and
G) Contact the Department of Veterans’ Affairs to determine whether the decedent is eligible
for any state or federal benefits. (ORS 97.170[3][a][A]-[G])
What 2 options does the funeral establishment have regarding disposition of an unclaimed body?
1) If no one claims the body within 10 days after the funeral establishment takes custody of the body, or if the persons notified acquiesce, or if the decedent is not eligible for any VA benefits, the funeral establishment may transfer the body to an institution on the list of institutions that desires the body for education or research purposes. (ORS 97.170[3][b])
2) If no person or institution claims the body, the funeral establishment may cremate or bury the body without the consent of persons listed in ORS 97.130 and is indemnified from any liability arising from having made such disposition. The method of disposition must be in the least costly and most environmentally sound manner that complies with law, and that does not conflict with known wishes of the deceased. (ORS 97.170[3][c])
At a minimum, what information must be contained in a decedent’s permanent record?
7 parts
a) Name of decedent & identifying metal disc number (when applicable),
b) Date of death,
c) Name of person arranging for delivery of goods and services & the person authorizing
final disposition,
d) Name of place of disposition (for cemetery, exact location of the interment of human
remains by crypt, niche, or by grave, lot & plot),
e) Name of funeral service practitioner, cemetery, crematory or alternative disposition
facility personnel responsible for making & executing the arrangements,
f) Name of the embalmer and funeral establishment responsible for embalming (only for
funeral establishment records), and
g) Written permission for embalming, final disposition & scattering services from the
person who has the right to control disposition (OAR 830-040-0000[7][a]-[g])
What rules & regulations can a cemetery make?
10 parts
a) The use, care, control, management, restriction and protection of its cemetery,
b) Restricting and limiting the use of all property within its cemetery,
c) Regulating the uniformity, class and kind of all markers, monuments and other structures
within its cemetery,
d) Prohibiting the erection of monuments, markers or other structures in or upon any portion of its property,
e) Regulating or preventing the erection of monuments, effigies and structures within any portion of the cemetery grounds and for the removal thereof,
f) Regulating the care or preventing the introduction of plants or shrubs within such grounds,
g) Preventing the interment in any part thereof of a body not entitled to interment therein,
h) Preventing the use of burial plots for purposes violative of its restrictions,
i) Regulating the conduct of persons and preventing improper assemblages therein, and
j) All other purposes deemed necessary by the cemetery authority for the proper conduct of its business and the protection and safeguarding of the premises and the principles, plans and ideals on which the cemetery was organized (ORS 97.710[1][a]-[j])
Who can have remains of a deceased person disinterred?
3 parts
a) Spouse of decedent
b) Son or daughter of decedent 18 years of age or older
c) Either parent of the decedent (ORS 97.220[1][a])
What 4 steps are required to be taken before an individual can allow a burial on private property?
a) Must be owner of property
b) Has the written consent of the planning commission of the county or city having jurisdiction
c) Agrees to maintain records of the disposition of human remains on the property
d) Agrees to disclose the disposition of human remains upon sale of the property (ORS
97.460[1][a]-[d])
In what situations does “delivery” occur?
4 parts
a) Physical possession of merchandise is transferred to purchaser
b) If authorized by purchaser:
A) Title to the merchandise has been transferred to the purchaser, has been paid for & is in the possession of the seller, who has documented the sale through use of a serial or other identifying number and will store on seller’s premises until needed, or
B) Merchandise has been identified for the purchaser or beneficiary as documented by manufacturer’s receipt & held by manufacturer for future delivery (ORS 97.923[3][a]- [b][B])
Under what circumstances can preneed cemetery trust funds be released by a financial institution?
3 parts
a) Upon presentation of proof of the death of the beneficiary,
b) Upon presentation of the written request of the purchaser of a revocable trust (cancellation),
c) Upon presentation of proof of the death, dissolution, insolvency or merger with another of
the provider of a revocable trust (ORS 97.937[3][a]-[c])
When a prearrangement sales contract is fulfilled, what documentation must be delivered to the master trustee or depository?
4 parts
a) A certified copy of the beneficiary’s death record, or
b) A sworn affidavit signed by the certified provider and:
A) One member of the beneficiary’s family, or
B) Executor of the beneficiary’s estate (ORS 97.943[2][a]-[b][B])
When must a medical examiner investigate and certify the cause and manner of human deaths?
8 parts
a) Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances,
b) Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or
toxic agents,
c) Occurring while incarcerated in any jail, correction facility or in police custody,
d) Apparently accidental or following an injury,
e) By disease, injury or toxic agent during or arising from employment,
f) While not under the care of a physician during the period immediately previous to death,
g) Related to disease which might constitute a threat to the public health, or
h) In which a human body apparently has been disposed of in an offensive manner. (ORS
146.090[1][a]-[h])
What 6 disclosures must be included verbatim on a GPL:
- The consumer’s right to select only the goods and services desired
- Embalming
- Alternative containers for direct cremation
- The basic services fee (2 options)
- The Casket Price List
- The Outer Burial Container Price List (Page 4)
What 16 specified items of goods and services must be on the GPL?
- Forwarding of remains to another funeral home
- Receiving remains from another funeral home
- Direct cremation
- Immediate burial
- Basic services of funeral director and staff, and overhead
- Transfer of remains to funeral home
- Embalming
- Other preparation of the body
- Use of facilities and staff for viewing
- Use of facilities and staff for funeral ceremony
- Use of facilities and staff for memorial service
- Use of equipment and staff for graveside service
- Hearse
- Limousine
- Either individual casket prices or the range of casket prices that appear on the Casket Price
List - Either individual outer burial container prices or the range of outer burial container prices
that appear on the Outer Burial Container Price List (Page 7)
