Mortuary Law Vocabulary Flashcards
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities.
Americans With Disabilities Act (ADA)
One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider after initial services have been provided by another firm at the locale of death. Funeral Rule requires package pricing of this service with a description of the components included.
Receiving Remains
The legal term for the dead human body.
Corpse
Service commemorating the deceased with the body present.
Funeral Ceremony
Listing and valuation of a decedent’s assets by personal representative of the estate.
Inventory
Where a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
Constructive Custody/Possession
The providing of funds for a funeral in advance of need which are deposited or placed no necessarily in association with a prearranged funeral.
Prefunded
Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.
Degree of Kindred
Life insurance payable in cash to any designated beneficiary for use in any manner chosen, but not necessarily intended to be applied toward funeral expenses. Mostly such insurance is provided by carriers not owned by a funeral home although many funeral homes endorse a specific carrier or plan. When the proceeds of the policy are used to pay for the funeral, the funeral director receives an assignment of the future death benefit. In a few jurisdictions, the funeral director may be named the beneficiary. The funeral arranged can be either guaranteed or non-guaranteed.
Funeral Insurance
A will written entirely by the testator with his own hand.
Holographic Will
One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the family (consumer). Funeral Rule requires package pricing of this service with a description of the components included.
Forwarding of Remains
A place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies.
Funeral Establishment
A man who has been appointed by the court to settle an estate.
Administrator
The international failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
Gross Negligence
A secured loan on a parcel of real estate.
Mortgage
Enactments by an administrative body within the jurisdiction of that agency.
Rules and Regulations
A man who makes a valid will.
Tastator
Itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and total cost.
Statement of Funeral Goods and Services Selected
Between two or more states.
Interstate
An action to recover possession of personal property.
Replevin
None of the 16 items required to be separately itemized on the GPL can be listed as these or listed as no charge. Items not required by the rule can be listed as this.
Free Items
An addition or amendment of a last will and testament executed with the same formality as the will.
Codicil
The state or condition of dying without having made a will.
Intestate
Provision in a deed limiting the use of property and prohibiting certain uses.
Restrictive Covenant
An instrument in writing 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
Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service.
Tying Arrangements
One who inherits real estate under a will.
Devisee
An agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.
Federal Trade Commission (FTC)
One who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has right to control the funeral does so on behalf of all survivors.
Trustee
The method of dividing an estate where a class or group of distributes take the share which their deceased would have been entitled to had the deceased survived.
Per Stirpes
The absence of all vital signs.
Clinical Death (Legal Death)
Rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.
Casket
Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made; a contract whereby both parties should recognize that any breach will usually cause anguish.
Personal Service Contract
An instrument executed with required formality by a person making disposition of their property to take effect upon their death.
Will
A person or firm who contracts to have available funeral services and/or merchandise. May or may not be a provider.
Seller
A law passed by a municipal governing body (e.g. zoning, building, safety ordinances, etc.)
Ordinance
The omission or cancellation of an instrument, act, license, or promise.
Revocation
The extinction or withdrawal of an inheritance because the decedent did not own the property at the time of death.
Ademption
Funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information.
Telephone Price Disclosure
In the Uniformed Anatomical Gift Act defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transportation. After removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition.
Body Parts
The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will.
Intestate Succession
Those who transport only in particular instances and only for those the chose to contract with funeral home vehicles and livery; as opposed to common carrier.
Private Carrier
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings.
Building Code
A set or moral principals or values governing individuals or groups; conforming to accepted professional standards of conduct.
Ethics
Those drives under the directions and control of the funeral establishment which is liable for the driver’s negligent actions.
Agent Driver
A woman who makes a valid will.
Testatrix
Refers to the Federal Trade Commission.
Commission
A funeral arrangement made prior to need involving the written specification of what is desired, as well as the possible selection of merchandise. It does not involve payment of money.
Prearranged
Failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary 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
Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity.
Person
A term used in reference to any aspect of prearranging, prefunding, or preplanning. It encompasses the entire subject.
Preneed
The removal of dead human remains previously buried in the earth.
Disinterment (Exhumation)
Any person, partnership, or corporation that performs cremation and sells funeral goods.
Crematory
This form of insurance is fading fast from the funeral scene. It is life insurance payable in merchandise and service or as a credit toward merchandise and service, with a lesser benefit often payable in cash when the person dies and final disposition occurs outside the service area of the funeral establishment that services that burial association.
Burial Insurance
Person who represents and administers the estate of deceased persons i.e. executors and administrators.
Personal Representative
A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.
Executrix
A person who receives personal property from another as a bailment.
Bailee
Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or removal societies for members of their group.
Alternative Price Lists
A law enacted by a federal or state legislative body.
Statute
The act of placing the dead human body in the ground.
Interment
That body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders and decisions. (OSHA, FTC, state Board rules).
Administrative Law
Non-legislated principles and rules of action predicted upon usages and customs.
Common Law
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 when such person is no longer able to make decisions regarding his/her medical treatment.
Living Will
A man appointed by the will of the deceased person to carry out the provisions thereof and settle the estate.
Executor
The cessation of life, permanent cessations of all vital functions and signs.
Death
Funeral director becomes legal protector of a dead human body from the time of removal until final disposition.
Custodian
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
A public officer whose duty it is to investigate cause of death when the question of accident, suicide or homicide may be evident where there was no doctor in attendance; An official elected or appointed to investigate suspicious or unnatural death.
Medical Examiner
Any altering or change made to a dead human body from the time of death, other than by natural causes.
Mutilation
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 to the decedent.
Per Capita
