Mortuary Law- Chapter 7

Question 1

• A growing acceptance by the public
• The relocation of the elderly to Florida, Arizona, and other areas in the sunbelt
• The influx of immigrants from cultures that prefer this method of disposition
• A higher level of education in the American public
• Environmental concerns
• Recessionary woes

Answer 1

Factors Which have led to the Increase of Cremation

Question 2

Cremation is irreversible. This irreparable nature of cremation is the underlying reason why funeral directors must be extremely cautious in conducting business in this area.

Answer 2

Cremation Greatly Increases Potential Liability of Funeral Directors

Question 3

One of the keys to protecting the funeral home from liability is to utilize a detailed one of these.

Answer 3

Cremation Autorization Form

Question 4

To document in wiriting:

• The consent to the cremation
• The authority of the agent authorizing the cremation
• The identity of the decedent
• Information on medical devices and personal effects, and the ultimate disposition of the cremated remains.

Answer 4

Purpose of the Cremation Form

Question 5

The genesis of the cremation authorization form used by most funeral homes.

• Has been adopted in one form or another by a majority of the states.

Answer 5

The Model Cremation Law Drafted by the Cremation Association of North America (CANA)- mid 1980’s

Question 6

Requires funeral homes and crematories to obtain detailed information from the authorizing agent in written consent form.

Answer 6

The Model Cremation Law

Question 7

1. Identification of the Decedent
2. Identification of Authorizing Agent
3. Authority of Authorizing Agent
4. Medical Devices
5. Authorization to Cremate, Process and Pulverize
6. Disposition of Personal Property
7. Instructions of Final Disposition
8. Authority to Dispose of Unclaimed Cremains
9. Recycling Metal
10. Certification and Indemnification

Answer 7

Most Important Provisions of the Consent Form:

Question 8

The funeral director lists basic information regarding the decedent including the:

• name
• address
• place of death
• date and time of death
• social security number
• Personally identified the decedent or has authorized his or her personal representative to identify the decedent at the funeral home.

Answer 8

Identification of the Decedent

Question 9

By viewing the body is crucial to reducing liability in the event that there is a misidentification.

Answer 9

Personal Identification

Question 10

The person authorizing the cremation provides information such as:

• Name
• Address
• His or her relationship to the decedent

Answer 10

Identification of Authorizing Agent

Question 11

The authorizing agent either represents that he or she has the paramount right to authorize the cremation or, if another person holds that right, the authorizing agent lists that person and certifies that the agent was unable to contact that person after trying to do so and has no reason to know that person would be opposed to the cremation.

Answer 11

Authority of Authorizing Agent

Question 12

The authorizing agent will disclose whether there are any medical devices implanted in the body of the decedent and, if so, authorize their removal.

• Extremely important since some implants (lithium powered pacemakers) may explode in the retort.

Answer 12

Medical Devices

Question 13

It is important to provide a detailed description of the cremation process. In order for the agent to provide informed consent to the cremation process, it is necessary for the agent to have a full explanation of what takes place in the cremation process, including the pulverization of the cremated remains.

Answer 13

Authorization to Cremate, Process and Pulverize

Question 14

To avoid liability, it is important for funeral directors to recieve information as to what is to remain on the body during cremation and what disposition is to take place of items removed from the body prior to cremation. Examples:

• Jewelry
• Clothes
• Hair Pieces
• Eyeglasses

Answer 14

Disposition of Personal Property

Question 15

One of the most significant areas of liability concerns the misdelivery of cremated remains. It is vital that the funeral director recieve definitive instructions from the authorizing agent as to the ultimate disposition of the cremated remains. If they are to be shipped, the funeral director should obtain permission to ship them by a delivery service that has internal tracing capabilities and requires a written receipt from the recipient.

Answer 15

Instructions of Final Disposition

Question 16

Authorizes the funeral director to lawfully dispose of the cremated remains if they are not claimed by the authorizing agent or his or her designee within a specified time period.

Answer 16

Authority to Dispose of Unclaimed Cremains

Question 17

Over two-thirds of the states have a law that authorizes the disposition of unclaimed cremated remains if they are not retrieved within a certain period. (Anywhere from 60 days to one year).

Answer 17

It is Important to Check the Applicable State Law Prior to Disposing of any Unclaimed Cremated Remains

Question 18

It is very common for surgical metal parts and implants to be removed from the retort after cremation. Many of these parts and implants contain valuable metals or ceramics which can be recycled. Funeral homes and crematories that intend to recycle metals or other marterials must always recieve written consent from the authorizing agent to retrieve the materials and recycle them. It is also important to insure that recycling is permitted by state law.

Answer 18

Recycling Metal

Question 19

A provision by which the authorizing agent certifies the accuracy of all statements on the form. In addition, the authorizing agent should indemnify the funeral director from any liability in the event any of the information on the cremation authorization form is incorrect.

Answer 19

Certification and Indemnification

Question 20

Many of the cremation authorization laws adopted by the states provide funeral directors with an immunity from lawsuits if they ___________ upon the information provided to them by the authorizing agent in the cremation authorization form.

Answer 20

Rely in Good Faith

Question 21

• When a body is delivered to the crematory, a receipt form should document the transfer and possession.
• When the funeral home obtains the cremated remains from the crematory and returns the cremated remains to the authorizing agent, written receipts should be filled out and signed.
• If there is any change in the method of disposition after the cremation authorization has been signed, it should be documented.
• If the authorizing agent wishes the cremated remains shipped or scattered by the funeral home, those decisions should be documented in a form.
• Any decision to commingle cremated remains should be detailed and authorized in a written form.

Answer 21

Other Cremation Forms

Question 22

Because many decisions in the cremation process are irreversible, _______ is an absolute necessity throughout the cremation process.

Answer 22

Documentation

Question 23

___________ that operate a crematory will be responsible for any wrongdoing or omission at the crematory.

Answer 23

Funeral Homes

Question 24

Even for funeral homes that do not operate a crematory,_______ for crematory wrongdoing may be imputed to the funeral home.

• Because the funeral home often conracts with the crematory and because of the funeral home’s overall supervisory responsibility in caring fo rthe body, some courts have allowed families to sue funeral homes for the misdeeds of independent crematories.

Answer 24

Liability

Question 25

The funeral home should be able to demonstrate that it routinely investigates and checks the policies and procedures of the crematory and its methods of operation.

• If the crematory commits a wrongful act that harms a family that the funeral home is serving, the funeral home may be able to defend itself in a lawsuit.

Answer 25

To Protect Itself from Liability

Question 26

1. Crematory Records Request
2. Interview of Crematory Management
3. Crematory Inspection

Answer 26

Three Components of Due Dilligence Investigations of the Third Party Crematory

Question 27

At least once a year, the funeral home should request and obtain from the crematory copies of:

• State crematory license or permit
• Policy and procedure manual for crematory
• Membership certificates from CANA, Better Business Bureau, or other organizations.
• List of crematory operators employed by the crematory and a copy of any operator certification
• Copies of liability insurance policies and professional liability insurance policies carried by crematory.
• Copies of cremation authorizations, releases, and recepit forms used by the crematory.
• Copies of any state inspection reports to the crematory
• Copies of the most recent maintenance/inspection reports or logs used internally by the crematory for its equipment.

Answer 27

Crematory Records Request

Question 28

Should be recieved and reviewed to insure that the crematory is in compliance with state licensing laws and is utilizing proper procedures in carrying out cremation.

Answer 28

Crematory Documents

Question 29

Interview the management of the crematory to obtain information on its personnel, facilities and operation. Funeral home personnel conducting the interview should take written notes of the interview. If any response from the crematory is unsatisfactory or raises concerns, the funeral home should address the issue with the crematory manager immediately.

Answer 29

Interview of Crematory Management

Question 30

• Who owns the crematory
• What experience does the current ownership have in running the crematory
• How many employees does the crematory have
• What experience and training is required of operators
• Who conducts the training
• Information on the crematory’s retort, processing and refrigeration equipment, their age and condition, and service schedule.
• Detailed explanation of all steps taken by the crematory from the time the body is recieved until the time that the cremated remains are delivered by the crematory.

Answer 30

Topics Covered by the Crematory Management Interview

Question 31

This is the most important of the due diligence process. Conduct an unannounced inspection of the crematory during normal business hours.

• Use a checklist- note any problems observed during the inspection.
  
  • raise concerns in writing to management of the crematory
  • Make sure the problems are remedied

Answer 31

Crematory Inspection

Question 32

• Whether the crematory has posted licenses and permits
• Whether operators are dressed appropriately and conducting business in a professional manner
• Whether the facilities are neat, clean, and orderly
• Whether human remains awaiting cremation are held in a dignified and clean holding area
• The operational condition of the retort, processing and refrigeration equipment
• Whether the crematory maintains a crematory log that is up to date and up to date equipment maintenance schedule.

Answer 32

Checklist Utilized in Crematory Inspection