(Q3) Disinterment, Funeral Homes, Cemeteries, Cremation/Crematories (pg. 14,15,17,18)

Question 1

Disinterment

Answer 1

removal from place of repose (place of repose=rest; place of death)

Question 2

Who has rights over the deceased after burial?

Answer 2

• Once interred, the family has no rights to deceased.
• Deceased is now under the jurisdiction of the courts (county of place of burial)

family doesn’t technically have the right to disinter. The family must go before a court and have a reason and hearing for the disinterment

Question 3

Reasons for Disinterment for the Court to approve

Answer 3

1) Public interest reasons (general public/government for criminal autopsy purpose or governmental institution for public use “eminent domain”
2) Private interest reasons

Question 4

Family has an objection to the disinterment

Answer 4

• The courts will usually allow the disinterment, but if anyone has an objection to the disinterment, an attorney is needed for probate court
  Probate Courts will look at other factors: new place of interment, inconvenience to next of kin

Question 5

Funeral Director’s duties for Disputes of Disinterment

Answer 5

• Disputes are the duty of funeral director
• affidavidt from cemetery and county permit is needed to disinter and reinter.
• court order is needed from probate court

Question 6

Unauthorized Disinterment

Answer 6

• Any person who opens the grave or tomb where any corpse has been deposited, or removes any corpse from its place of sepulture, without consent
• crime in most states.

Question 7

Duties of the Funeral Director during Disinterment

Answer 7

A funeral director must be present during disposition
as well as the proper permits

Question 8

Theory of “Eminent Domain”

Answer 8

Government has the right to take over private property (including graves/cemeteries) and use it for public use.

Question 9

Funeral Home

Answer 9

Place where dead bodies are prepared pending disposition

Question 10

Morgue

Answer 10

place where dead bodies are held pending identification
(ex. cook county morgue)

Question 11

Prep Room

Answer 11

where dead bodies are prepared for funeral

Question 12

Nuisances per se

Answer 12

Meaning that the funeral home has offended the public

Question 13

Are funeral homes considered Nuisances per se

Answer 13

Funeral Homes are not Nuisances per se

Question 14

Nuisances In Fact

Answer 14

A funeral home that has caused others offense

(Ex. poor care of funeral home, not complying with ordinances,etc)

Question 15

Zoning Ordinances

Answer 15

statutes by local government with regard to location, parking, lighting, signs, waste disposal, cremation

Question 16

ADA Requirements for Employees

Answer 16

– if 15 or more employees, funeral home must provide reasonable accommodation to do the job if does not cause undue hardship to funeral home

Question 17

Truth in Lending Act

Answer 17

• Mandates that all businesses that extend credit (pay over time) to consumers apprise them of all aspects of the credit arrangements.
  (Funeral Home must give you a thorough financial statement if you’re taking out a loan/paying over time)

Question 18

Test to know if funeral home must abide by the Truth in Lending Act

Answer 18

a) qualify as a creditor under the act – must extend credit more than 25 times in a year
b) extends credit to a consumer - imposes a finance charge (a fee charged for the use of credit or the extension of existing credit.) in a transaction with a natural person OR, enters into a written agreement with a natural person with payments of more than four installments. (natural person=not a corporation or business)
c) will extend to pre-need contracts

Question 19

Family and Medical Leave Act

Answer 19

• allows employee 12 workweeks of unpaid leave if employed for 12 months for medical or other family needs.
• Not applicable to businesses if less than 50 employees.

Question 20

Public Cemetery

Answer 20

Cemetery that is owned and operated by a governmental body

Question 21

Private Cemetery

Answer 21

A cemetery owned by individual, partnership, corporation or any non-governmental entity

Question 22

How are cemetery locations chosen?

Answer 22

Location is governed by zoning ordinances

Question 23

Are cemeteries considered Nuisances per se?

Answer 23

Is not a nuisance per se (generally) but can become a nuisance in fact
(ex. landscaping is neglected, graves sinking, monuments turned over, deserted)

Question 24

Are cemeteries under the Theory of Eminent Domain?

Answer 24

Yes. The government can take over a cemetery (or cemetery land) for public use

Question 25

Duties of the Funeral Director concerning cemeteries

Answer 25

• It is the funeral director’s duty to confirm owner and location of grave.
• Both funeral director and cemetery liable for burial in wrong grave
• Liability of cemetery and funeral director for injury sustained by mourners or clergy at graveside
• Funeral director must also check the gravesite before committal service as well as the vault and the name on vault
• Funeral director must file the burial permit and provide payment for cemetery

Question 26

Cremation

Answer 26

• the burning of a deceased human being in a retort.
• Most sanitary method of disposition

Question 27

Forms Required for Cremation

Answer 27

• authorization form from deceased or person with right of disposition
  
  • signed death certificate – attending physician or ME/Coroner
  • ME/Coroner permit to cremate
  • Registrar/Health Dept. permit
  • ID Form in some instances for crematory

Question 28

Wishes of the deceased concerning cremation

Answer 28

Wishes of decedent to be followed in some states

Question 29

Duties of the Funeral Director concerning cremation

Answer 29

• Check for metal implants. (physically check the body and use a metal detector)
• Have family sign off that the deceased has or doesn’t have a metal implant
• Comply with state law regarding required alternative container
• Make sure authorization form indicates method of disposition of cremated remains and make sure it is completed.
• Check your state statute regarding rules of funeral home holding on to cremated remains and disposition as far as time period and disposition