(Q3) Final Exam Study Guide Flashcards
What is the definition of a dead body?
- 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
What is the definition of death?
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)
United States Law: Quasi Property Theory
- 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
What are the primary sources of law for funeral homes?
Statutes and Contract Law are the two primary sources for funeral homes, but may rely on others.
Actual Possession
in the deceased’s presence
Constructive Possession
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)
Duties included in the Right of Control for the funeral
- 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
Suit in Replevin
- Proper cause of action to recover personal property
- not suitable for the deceased because they’re not considered personal property
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
Revocabable Pre-Need
A pre-need contract that can be canceled and refunded
Non-Revocable Pre-Need
A pre-need contract that can not be canceled and refunded
Guaranteed Pre-Need
- 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
Non-guaranteed Pre-Need
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.
Tax Consequences for Pre-Need Contracts
interest earned on trust is taxable, but not on insurance
Householder
- 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.
What law allows one to donate themselves?
- 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
Traditional Common Law Right of Disposition Order
- spouse
- competent adult children – majority rules
- 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
State Statutory Exceptions to Right of Disposition
- Wishes of decedent: specific directions in a will, health care power of attorney or other directive.
- 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.
- 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.
Secondary Right of Disposition
- county of death
- state or government owned facility – ME/Coroner
- public or state guardian office
Duty of funeral director in case of conflict
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
How to fund a pre-need
Insurance or trust
Specific Standards Applicable to Funeral Homes
- 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.
General Price List (GPL) requirements from FTC
- 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
What must a funeral director do if asked about prices?
Whenever there is a “face to face conversation about your goods or services or their prices, the funeral director must present a GPL
