MORTUARY LAW EXAM 1 Flashcards
STATUTORY LAW. (STATUTES)
LAW ENACTED BY A LEGISLATIVE BODY —-FEDERAL GOVERNMENT’US. CONGRESS-STATE GOVERNMET – STATE LEGISLATION
ANATOMICAL DONATION
CADAVER–DEAD HUMAN BODY. INTENDED SOLELY FOR SCIENTIFIC STUDY AND DISSECTION——RECEIVING INSTITUTION. HAS THE RIGHT TO REFUSE. THE DONATION
ANATOMICAL DONATION
UNIFORM ANATOMICAL GIFT ACT. –LAW PERMITING A PERSON OF LEGAL. AGE, SOUND MIND’. TO DONATE. ALL OR ANY PART OF THEIR BODY ,TAKES EFFECT UPON THEIR DEATH
COMMUNITY STANDARDS FOR A DECENT BURIAL
1 PROTECTION OF PUBLIC HEALTH 2. PUBLIC MORALITY COMMON DECENCY 3. RESPECT FOR THE DEAD
CONSIDERATIONS FOR FINAL DISPOSITION
WHOSE WISHES DOES THE FD FOLLOW..2.ORDER OF CONSIDERATION..3 WISHES OF DECEDENT 4.VERBAL,WRITTEN INSTRUCTION.4 PRE/NEED/ PREPAID FUNERAL ARRANGEMENTS
CONSIDERATION FOR FINAL DISPOSITION
WHISHES OF SUVIVOR 1. INDIVIDUAL WITH PARAMOUNT RIGHT OF DISPOSITION 2. SPOUSE 3. IMMEDIATE FAMILY MEMBER 4. NEXT OF KIN
CONSIDERATIONS FOR FINAL DISPOSITION
- PUBLIC INTEREST 2. PROTECT PUBLIC HEALTH 3.HONOR PUBLIC MORALITY AND COMMON DECENCY
CONSIDERATIONS FOR FINAL DISPOSITION-
STATUTES. –LEGAL REQUIREMENTS FOR DISPOSITION OF A DEAD HUMAN BODY
DUTY
IS AN OBLIGATION
RIGHT
IS A PRIVILEGE
PRIMARY DUTY OF FINAL DISPOSITION
- REST WITH THE HOUSEHOLDER 2. SURVIVING SPOUSE 3. NEXT OF KIN
HOUSEHOLDER
ONE WHO OWNS OR CONTROLS REAL ESTATE WHERE DEATH. HAS OCCURED. 2. IT IS THE REDUTYTO NOTIFY THE PROPER AUTHORITY
SURVIVING SPOUSE
- WIDOW 2. WIDOWER. 3. NOT A BLOOD RELATIVE
NEXT OF KIN
- KIN ONES RELATIVES COLLECTIVELY.2. REFERING TO BLOOD RELATIONSHIP 3. LEGALY SURVIVING SPOUSE IS NOT NEXT OF KIN.
degree of KINDRED
- RELATIONSHIP TO DECEDENT OF THEIR RELATIVES 2. EACH GENERATION IS ONE DEGREE, COUNTING TO A COMMON ANCESTOR
PRSONAL REPRESENTATIVE
PERSON WHO REPRESENTS AND SETTLES THE ESTATE OF THE DECEASED PERSON
TYPES OF PERSONAL REPRESENTATITIVE
EXECUTOR .EXECUTRIX, ADMINISTRATIX, ADMINISTRATOR
EXECUTOR…EXECUTRIX—THESE APPLY WHEN SOMEONE HAS DIED INTESTATE WITHOUT A WILL….——–
TESTATE–SOMEONE WHO DIES WITHOUT A WILL…..INDIVIDUAL–EXECUTOR-MALE APPOINTED BY WILL..TO CARRY OUT ITS PROVISIONS AND SETTLE THE ESTATE……EXECUTRIX—FEMALE
ADMINISTRATOR (MALE)–ADMINISTRATIX–(female)
1.PERSON DIES WITHOUT LEAVING A WILL–INDIVIUAL-APPOINTED BY THE PROBATE COURT–TO SETTLE AN ESTATE
- GUARDIAN–IS A POWER OF ATTORNEY
- judicial appointment b the (COURTS) OF A PERSON TO ADMINISTER THE AFFAIRS OF ANOTHER PERSON WHO IS INCOMPETENT BY VIRTUE OF AGE OR LEGAL DISABILITY——-PRIOR TO THE DECEDENTS DEATH..
VOLUNTEER
- ANYONE WHO AGREES TO ASSUME THE RIGHT OF FINAL DISPOSITION–EXAMPLE –FRIEND, NEIGHBOR–CO-WORKER
SECONDARY RIGHT OF FINAL DISPOSITION–GOVERNMENT
1.STATE 2. COUNTY 3. LOCAL –IF THERE ARE NO FRIENDS OR RELATIVES—HARRIS COUNTY WILL TAKE OVER
SECONDARY RIGHT –FINAL DISPOSITION
- DEPENDS ON JURISDICTION 2. AND WHEN AND WHERE THE DEATH OCCURRED
- FUNERAL DIRECTOR
(FD)–UNDERTAKING THE FUNERAL HAS LAWFUL RIGHTS FROM 2 SOURCES….2. THOSE GRANTED AND IMPOSED BY STATUTES,ORDINANCES, REGULATIONS–LICENSING REGULATIONS ALLOWING THE( FD) TO PRACTICE THEIR PROFESSION…3. THOSE ARISING FROM THE FUNERAL CONTRACT—-RIGHTS AUTHORIZED BY THE PERSON WITH PARAMOUNT RIGHT OF DISPOSITION
(FD)S DUTY IN CASE OF CONFLICT
- HOLD BODY UNTIL PROPER PARTY AUTHORIZES ITS DISPOSITION 2. SHOULD NOT DECIDE OR ATTEMPT TO INFLUENCE THE DECISION.3. SHOULD INFORM THE FAMILY NO ACTION WILL BE TAKEN UNTIL PARTIES COME TO A SETTLMENT 4. OR UNTIL THE COURTS DECIDE 5. ABOVE ALL RMAIN NEUTRAL
(TAKE NO ACTION AND PROVIDE AS MANY OPTIONS AS POSSIBLE..)
STATUTES,ORDINANCES AND REGULATIONS
- LAWS AND LICENSING REGULATIONS–2. AUTHORIZE ,EMPOWER THE FUNERAL DIRECTOR TO PRACTICE THE PROFESSION 3. RLATED TO ALL ACTIONS REQUIRED FOR THE FUNERAL PROCESS..
FUNERAL CONTRACT
- BETWEEN THE FUNERAL DIRECTOR 2. AND THE INDIVIUAL WITH THE RIGHT OF DISPOSITION
FUNERAL CONTRACT
- (FD) HAS NO RIGHTS IN HIS PROFESSIONAL CAPACITY WITH RESPECT TO A D
EAD BODY UNTIL SUCH TIME AS A VALID CONTRACT IS ENTERED INTO BETEEN HIMSEF AND ANOTHER,EITHER EXPRESSLY OR IMPLICITLY
