(Q3) Disinterment, Funeral Homes, Cemeteries, Cremation/Crematories (pg. 14,15,17,18) Flashcards
Disinterment
removal from place of repose (place of repose=rest; place of death)
Who has rights over the deceased after burial?
- 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
Reasons for Disinterment for the Court to approve
1) Public interest reasons (general public/government for criminal autopsy purpose or governmental institution for public use “eminent domain”
2) Private interest reasons
Family has an objection to the disinterment
- 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
Funeral Director’s duties for Disputes of Disinterment
- 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
Unauthorized Disinterment
- 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.
Duties of the Funeral Director during Disinterment
A funeral director must be present during disposition
as well as the proper permits
Theory of “Eminent Domain”
Government has the right to take over private property (including graves/cemeteries) and use it for public use.
Funeral Home
Place where dead bodies are prepared pending disposition
Morgue
place where dead bodies are held pending identification
(ex. cook county morgue)
Prep Room
where dead bodies are prepared for funeral
Nuisances per se
Meaning that the funeral home has offended the public
Are funeral homes considered Nuisances per se
Funeral Homes are not Nuisances per se
Nuisances In Fact
A funeral home that has caused others offense
(Ex. poor care of funeral home, not complying with ordinances,etc)
Zoning Ordinances
statutes by local government with regard to location, parking, lighting, signs, waste disposal, cremation
ADA Requirements for Employees
– if 15 or more employees, funeral home must provide reasonable accommodation to do the job if does not cause undue hardship to funeral home
Truth in Lending Act
- 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)
Test to know if funeral home must abide by the Truth in Lending Act
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
Family and Medical Leave Act
- 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.
Public Cemetery
Cemetery that is owned and operated by a governmental body
Private Cemetery
A cemetery owned by individual, partnership, corporation or any non-governmental entity
How are cemetery locations chosen?
Location is governed by zoning ordinances
Are cemeteries considered Nuisances per se?
Is not a nuisance per se (generally) but can become a nuisance in fact
(ex. landscaping is neglected, graves sinking, monuments turned over, deserted)
Are cemeteries under the Theory of Eminent Domain?
Yes. The government can take over a cemetery (or cemetery land) for public use
Duties of the Funeral Director concerning cemeteries
- 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
Cremation
- the burning of a deceased human being in a retort.
- Most sanitary method of disposition
Forms Required for Cremation
- 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
Wishes of the deceased concerning cremation
Wishes of decedent to be followed in some states
Duties of the Funeral Director concerning cremation
- 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
