(Q3) Final Exam Study Guide

Question 1

What is the definition of a dead body?

Answer 1

• A human being deprived of life; one who is deceased. AND
• Not entirely disintegrated: cremated or composted remains are considered personal property and covered by property law

Question 2

What is the definition of death?

Answer 2

1.) The irreversible cessation of total brain function according to the usual standards of the medical profession.
2.)The irreversible cessation of heartbeat and breath (cardiopulmonary death)

Question 3

United States Law: Quasi Property Theory

Answer 3

• Derived from the idea that a body is not personal property, but family has a right to give that person a decent burial.
• Quasi in Latin means “almost “or “resembling, but not quite”
• This is what the dead are considered today in the U.S

Question 4

What are the primary sources of law for funeral homes?

Answer 4

Statutes and Contract Law are the two primary sources for funeral homes, but may rely on others.

Question 5

Actual Possession

Answer 5

in the deceased’s presence

Question 6

Constructive Possession

Answer 6

has the right of disposition but not currently present with the body

(ex. A body at the funeral home is actual possession of the funeral home but the family has constructive possession)

Question 7

Duties included in the Right of Control for the funeral

Answer 7

• type of service
• place of service
• manner and place of disposition
• private or public
• type of merchandise
• choice of funeral home; even with pre-need contract

Question 8

Suit in Replevin

Answer 8

• Proper cause of action to recover personal property
• not suitable for the deceased because they’re not considered personal property

Question 9

Forms Required for Cremation

Answer 9

• 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 10

Revocabable Pre-Need

Answer 10

A pre-need contract that can be canceled and refunded

Question 11

Non-Revocable Pre-Need

Answer 11

A pre-need contract that can not be canceled and refunded

Question 12

Guaranteed Pre-Need

Answer 12

• the costs of certain individual items or the cost of the total package will never be more to your family or estate.
• Funeral home agrees to “freeze” their prices and can not charge family what their charges are at time of death

Question 13

Non-guaranteed Pre-Need

Answer 13

the funeral home will not guarantee today’s price’s for future needs, the account will still gain interest, but additional money may be due at the time of the at-need funeral arrangements.

Question 14

Tax Consequences for Pre-Need Contracts

Answer 14

interest earned on trust is taxable, but not on insurance

Question 15

Householder

Answer 15

• Owner of the property where the deceased resided at the time of death.
• May have a right if not a duty, if there is no one else.

Question 16

What law allows one to donate themselves?

Answer 16

• The Revised Uniform Anatomical Gift Act (UAGA)
• Allows those 18 and up to donate their organs/tissues for medical purposes
• A person who signs to have themselves donated signs a “first person consent”. It is legally binding

Question 17

Traditional Common Law Right of Disposition Order

Answer 17

1. spouse
2. competent adult children – majority rules
3. competent parents
   4- competent siblings
   5- nearest next of kin in line of inheritance according to probate statute of the state. State statutes – vary by state

Question 18

State Statutory Exceptions to Right of Disposition

Answer 18

1. Wishes of decedent: specific directions in a will, health care power of attorney or other directive.
2. Other Directives: including, Special Power of Attorney, cremation authorization form, pre-need contract, and donation to medical science or directive pursuant to a state statute.
3. 48 states allow a person to name in a directive or other document the person they wish to make decisions regarding their disposition. Read your own state statute.

Question 19

Secondary Right of Disposition

Answer 19

1. county of death
2. state or government owned facility – ME/Coroner
3. public or state guardian office

Question 20

Duty of funeral director in case of conflict

Answer 20

advise them of the law, let them try to come to an agreement, in writing. If all fails, tell them to get a court order

Question 21

How to fund a pre-need

Answer 21

Insurance or trust

Question 22

Specific Standards Applicable to Funeral Homes

Answer 22

• formaldehyde monitoring (1988): PEL for TWA (.75), STEL (2.0), ACTION LEVEL (.5)
• hazardous communication (1988):
• Disclosure law about hazardous chemicals for protection of employees
• blood borne pathogens(1988): provide Hepatitis B vaccination and other requirements. Also, a disclosure law regarding diseases.
• needlestick safety and prevention act of 2000:Requires F.H. to have needlestick exposure control plan updated annually and Sharps container requirements.

Question 23

General Price List (GPL) requirements from FTC

Answer 23

• Heading : name, address and phone number of F.H., GPL and effective date
• Must be a list of 16 goods and services separately priced that the funeral home offers
• Six mandatory disclosures on GPL
• Basic service charge

Question 24

What must a funeral director do if asked about prices?

Answer 24

Whenever there is a “face to face conversation about your goods or services or their prices, the funeral director must present a GPL