Parties Undertaking Disposition

Question 1

The right of custody is not

Answer 1

absolute

Question 2

The right of custody is a

Answer 2

limited right

Question 3

The right of custody is for a

Answer 3

specific purpose

Question 4

The right of custody is subject to

Answer 4

revocation

Question 5

In this case, the courts decided that a court may change custody if improperly managed

Answer 5

Pierce v. Proprietors of the Swan Point

Question 6

The right of custody is basically the right to do what?

Answer 6

Take possession and control of the body

Question 7

Physically within control

Answer 7

Actual custody

Question 8

The body is physically within control of another

Answer 8

Constructive custody

Question 9

Custody may be had only for this purpose

Answer 9

Disposing of it in a lawful manner

Question 10

When does possession and control attach?

Answer 10

The moment of death

Question 11

Possession and control can be continued for

Answer 11

a reasonable length of time

Question 12

The length of time possession and control may be continued is

Answer 12

determined by the circumstances

Question 13

This may be warranted where justifiable with possession and control

Answer 13

Delay

Question 14

The law may control possession and control of the body because of this

Answer 14

Contagious Disease

Question 15

Who has the power to exercise control over all matters relating to the funeral?

Answer 15

the Individual with the right of disposition

Question 16

The individual with the right of disposition has exclusive rights in which they are not compelled to

Answer 16

share with others

Question 17

Wife with custody of the child would exclude the father from the service

Answer 17

Radar v Davis

Question 18

Mother had right to exclude, cemetery responsible for breach of contract and mental anguish

Answer 18

Ross v. Forest Lawn Memorial Park

Question 19

Widow could rightfully exclude the decedent’s brother

Answer 19

Haney v. Stamper

Question 20

No legal right to be present

Answer 20

Seaton v. Commonwealth

Question 21

The right to exclude includes this

Answer 21

visitation

Question 22

If the individual invokes the right to exclude, the obituary should

Answer 22

not private services with no announcement of time and place

Question 23

If the individual invokes the right to exclude, the PRD should sign this for personal injury or property damage

Answer 23

Indemnification

Question 24

If the individual invokes the right to exclude, the funeral home can require the PRD to do what?

Answer 24

Hire Security

Question 25

The right of custody includes this

Answer 25

the right to choose disposition

Question 26

In this case, the next of kin wanted cremation, but the Personal Representative (executor) wanted burial per will of the deceased. The court found that the executor had the right to carry out the will.

Answer 26

Dumouchelle v. Duke University

Question 27

The next of kin is not necessarily the PRD. How is this possible

Answer 27

Next of kin can give the right to someone else
Can be disqualified (i.e. if convicted felon)
Next of kin may waive the right

Question 28

The funeral director can have the right of disposition. How?

Answer 28

Granted and imposed by statute

Given by contract with the PRD

Question 29

A halt of proceedings is called an

Answer 29

injunction

Question 30

Agreement between the funeral director and another competent party

Answer 30

Funeral Contract

Question 31

In MD, what form must the funeral contract be?

Answer 31

Written

Question 32

This is generally responsible for the funeral bill

Answer 32

Estate

Question 33

An implied party to bill

Answer 33

the Estate

Question 34

The estate owns whatever the person owns at death unless

Answer 34

A beneficiary is named