Parties Undertaking Disposition Flashcards
The right of custody is not
absolute
The right of custody is a
limited right
The right of custody is for a
specific purpose
The right of custody is subject to
revocation
In this case, the courts decided that a court may change custody if improperly managed
Pierce v. Proprietors of the Swan Point
The right of custody is basically the right to do what?
Take possession and control of the body
Physically within control
Actual custody
The body is physically within control of another
Constructive custody
Custody may be had only for this purpose
Disposing of it in a lawful manner
When does possession and control attach?
The moment of death
Possession and control can be continued for
a reasonable length of time
The length of time possession and control may be continued is
determined by the circumstances
This may be warranted where justifiable with possession and control
Delay
The law may control possession and control of the body because of this
Contagious Disease
Who has the power to exercise control over all matters relating to the funeral?
the Individual with the right of disposition
The individual with the right of disposition has exclusive rights in which they are not compelled to
share with others
Wife with custody of the child would exclude the father from the service
Radar v Davis
Mother had right to exclude, cemetery responsible for breach of contract and mental anguish
Ross v. Forest Lawn Memorial Park
Widow could rightfully exclude the decedent’s brother
Haney v. Stamper
No legal right to be present
Seaton v. Commonwealth
The right to exclude includes this
visitation
If the individual invokes the right to exclude, the obituary should
not private services with no announcement of time and place
If the individual invokes the right to exclude, the PRD should sign this for personal injury or property damage
Indemnification
If the individual invokes the right to exclude, the funeral home can require the PRD to do what?
Hire Security
