Of the following, who has the primary right to control final
disposition of a body?
adult son
If there is no will, the property and holdings of a deceased person
will be distributed according to law and an administrator/personal
representative will be appointed by the
court
In legal terminology, a dead human body is considered
quasi-property
Personal effects and clothing of the deceased are best accounted for
by using a/an
personal effects form
A good business technique in funeral arrangements is to
have a written contract
The next of kin who delivers the personal effects of the deceased to
the funeral director is property termed a
bailor
State regulation of funeral services for the health and welfare of
citizens is an example of a state's
police power
A dead human body
is not property in a real sense
The funeral director who has physical possession of a dead human body
is said to have:
actual custody
In a cortege, drivers who are under the control of the funeral
director are legally referred to as:
agent drivers
Although a dead body is in on mortuary, the mortuary which has
control of the final disposition is said to have
constructive custody
The Federal Trade Commission does NOT require a
disclaimer
As a funeral director, the only people you should inform, even if
asked, that the deceased has an infectious disease are appropriate
members of
your staff
The FTC Funeral Rule requires that the General Price List contain all
of the following except the
reason for embalming
A practitioner serves a family and provides both services and
merchandise. The state requires the funeral home to pay 4% sales tax
on merchandise. Prices are as follows:
Services $2,000
Casket $2,250
Vault $1,600 total $5,850
How much sales tax does the funeral director pay the state?
$154.00
Define Estate
estate is the sum total of all of your stuff when you die, including
both real and personal property
What is the difference between an heir and a beneficiary?
An heir will receive property by probate four process.
A beneficiary will receive property because he/she is named in the will
What is the difference between Testate and Intestate?
a person who dies with a valid will is considered to be Testate
a person who dies without a valid will is considered to be Intestate
Differentiate between a revocable and an irrevocable trust fund
Revocable: the funds may be taken out and used for other purposes
Irrevocable: the funds may ONLY be used for funeral expenses, so
they may not be removed for other purposes
Differentiate between an executor and an administrator
an Executor is named in the will to settle the estate
an Administrator is named by a probate court to settle the estate
Give an example of the principle of ademption
If property is not owned by the decedent or that is no longer owned
by the decedent at the time of death, is listed in the will, it cannot
be given to the beneficiary since the decedent does not own it at the
time of death.
Example: If you own a car and sell it two weeks before death, but
fail to remove it from the will, it cannot be given to a beneficiary
because it isn't mine.
If the funeral home prefers, may they attach the casket price list to
the General Price List?
yes, but the casket price list is given for retention with the
General Price List
Can the funeral home offer a package price for arrangements that
include the "traditional" funeral except the deceased will
be cremated instead of buried? If the funeral home can offer this
package, can they charge less for this package then the price would be
if the items were purchased separately?
Yes, they can charge less for the combination then the component
parts, as McDonald's charges less for value meals then for the
component parts.
List the 3 situations for which the funeral home can charge for embalming.
Family request Required by law (usually for
disinfection purposes) If you are unable to contact the
family and have no reason to believe the family does not wish to
have embalming
According to the Environmental Protection Agency, what is the
required water depth to bury a body at sea?
600 feet
When must the Casket Price List be offered to the consumer?
prior to or at the beginning of any discussion of caskets and prior
to entering the casket selection room
Paraphrase the mandatory Disclosure of the Outer Burial container
price list
In most areas of the country, outer burial containers are not
required by law. Some cemeteries do require the purchase of an outer
burial container to prevent the settling of the ground. If an outer
burial container is required, we will explain why on the statement of
goods and services.
Define the Quasi-Property theory as it relates to dead bodies
The Quasi-property theory says that a dead human body does not have a
monetary value, but the disposition is of emotional and psychological
value to the family.
Who must comply with the Federal Trade Commission Funeral Rule?
Those who provide to the public both funeral goods and services
Define Personal property and give an example
Personal Property is everything you own that is not real property.
Example: boat, car, stocks and bonds, cash, and furnishings
When will an abatement be made to a will?
Insolvency of the estate will result in an abatement. That is a
proportional reduction in the share of an estate.
If additional monitoring is required due to non-compliance with
exposure levels, when can the funeral home discontinue further monitoring?
Further monitoring may cease after obtaining 2 successful monitorings
at least 7 days apart.
How often must employees be trained in accordance with the OSHA
Formaldehyde standard?
At the time of employment and annually thereafter
List the 3 mandatory disclosures required on the Statement of Goods
and Services.
Embalming, Legal requirements, cash advanced items
By Federal law, how long does a consumer have to cancel a contract
that was written by a sales person who came to the consumer's home?
By midnight of the third business day after the transaction date.
Explain what is meant by the merchantability warranty and give an example.
Merchantability means that the product will function in the way that
the average consumer expects it to function.
Example: the average consumer expects a casket to hold together,
that is the handles and bottom of the casket will hold.
While making the arrangements for a gentleman, a dispute arose
between the widow and the son. (The son was paying the bill.) The
widow desired a visitation and funeral. The son wanted a direct
cremation. What should you the funeral director do legally?
According to law, the next of kin makes the decisions related to
disposition. That means the widow has the right to decide the details
of the disposition, rather than the son. The funeral director
ultimately will have to abide by the wishes of the widow.
Define a tort.
A wrongful act that is committed by a person who owes a duty to
another. Example: If you give the wrong cremated remains to a
family, you have committed a tort.
Define Indemnification.
Promise to protect someone else from a lawsuit
How many employees are required for the Americans with Disabilities
Act for employment to become effective?
15
Define the property theory as it relates to dead bodies.
The property theory says that a dead human body is the property of
the next of kin and can be sold for a profit.
Define the Non-Property theory as it relates to dead bodies.
The non-property theory says that the dead human body is of no value,
therefore, the church or government have the right to take possession
of the body and leave the family out of the decision-making process.
How long must an employer retain Employee Exposure Records?
30 years
How long must employee medical records be retained by the employer?
Employment plus 30 years
What remedial steps must be taken if the Short Term Exposure Level is
1.6 ppm and the TWA is .45 ppm?
None, the formaldehyde levels are within compliance
What remedial steps must be taken if the Short Term Exposure level is
.89 ppm and the TWA is .64 ppm?
Remonitoring within 6 months Warning signs must be posted
a plan of action must be made notification to employees of
overexposure possibilities make changes to get within compliance
What remedial steps must be taken if the Short Term Exposure Level is
2.3 ppm and the TWA is .4 ppm?
Remonitoring within 1 year Respirators must be worn until
condition is remediated Warning signs must be posted a written
plan of action must be made notification to employees of
overexposure possibilities make changes listed in written action plan
What remedial steps must be taken if the Short Term Exposure level is
1.5 ppm and the TWA is .79 ppm?
Remonitoring within 1 year Respirators must be worn until
condition is remediated Warning signs must be posted a written
plan of action must be made notification to employees of
overexposure possibilities make changes listed in written action plan
When must the next monitoring, if additional monitoring is required,
be completed by if the September 12, 1999 monitoring resulted in a
Short Term Exposure Level of 2.3 ppm and the TWA resulted in .4 ppm?
12-Sep-00
Define Real Property and give an example.
Real property is land and everything that is permanently attached to
it. Ex: permanent home
Write and give an example of the Cash Advance Disclosure.
The disclosure must tell the family that a fee is charged for
obtaining a certain cash advanced item. We charge you for our service
in obtaining flowers.
When making the removal from a residence, the funeral director asks
for and receives permission to embalm. Is this discussion of embalming
a "triggering event" that would necessitate the funeral
director giving the consumer a copy of the General Price List?
No, permission to embalm does not constitute a triggering event
A Cemetery requires all burials to be in an Outer Burial Container.
How and where should you list this on the Statement of Goods and Services?
Under the legal and other requirements on the statement of goods and services.
If a family calls to inquire about your prices, must you, the funeral
director, give the prices out over the telephone?
Yes, you must provide reasonable disclosure of prices.
Give two examples of illegal tying arrangements.
1. Requiring the purchase of a casket to have a visitation. 2.
Requiring a hearse for a funeral and procession.
Can a funeral home charge a fee for a funeral which is held off site,
such as at a local church or other hall?
Yes, you can charge for any service you provide.
While making arrangements for a lady whose husband had died three
years ago, a dispute arose between the two surviving sons. One wanted
a funeral with visitation and the other wanted direct cremation, what
should the funeral director do?
Wait and let the sons decide among themselves. If you side with
either son, you face possible litigation.
How long must Price Lists be kept?
1 year after the last effective date
When making arrangements with a family, the funeral director makes
the following statement: "As you will note, the prices for all of
our services are listed in the General Price List." She then
points to the GPL on the corner of the desk. If she does this prior to
any discussion of funeral goods and services, has she met the FTC requirement?
No, she must physically hand a copy of the GPL to the family.
Must the Casket Price List be offered to the consumer for Retention?
No, only the General Price List need be given for retention.
List 3 Federal Agencies which have enacted administrative rules and
regulations that pertain to Funeral Services.
Federal Trade Commission Occupational Health and Safety
Administration Environmental Protection Agency
Which property theory is currently the only accepted theory relative
to the treatment of dead bodies?
Quasi-property theory is the only one that is currently used in the
disposition of dead bodies.
Zoning laws fall under which source of funeral service law?
Since zoning laws are enacted by local governments, they are
considered ordinances.
A divorced man marries his second wife. At the time of his death, the
second wife holds a private funeral and does not invite the decedent's
son by his first marriage. Should the funeral director inform the son
of his father's death? Explain why or why not.
No, the funeral director is responsible to conduct funerals, who
should attend is up to the next of kin, not the funeral director.
What governmental agency is responsible for enforcing the Civil
Rights Act?
EEOC - Equal Employment Opportunity Commission
List the 5 modes (methods) of Disposition.
1. Earth burial
2. Entombment
3. Cremation
4. Burial at Sea
5. Donation of body to medical science
List the 4 employee exemptions to the Wage and Hour laws under the
Fair Labor Standards Act.
Executive Employees
Administrators
Professionals
Commissioned Outside salesmen
What is the current Permissible Exposure Limit?
.75 ppm
What is the Current TWA action level?
.5 ppm
How often must employees be trained according to the Hazard
Communication Standard?
At least at the time of employment and when new hazards are
introduced into the funeral home
How long must the monitor be exposed during the Time Weighted Average Test?
The standard time is 8 hours, but OSHA requires at least 2 hours if
the 8 hour time is not possible.
How long must the monitor be exposed during the Short Term Exposure Test?
15 minutes
When signing a funeral contract those signing it will be held jointly
and severally liable. State what is meant by jointly liable and what
is meant by severally liable.
Jointly means they are all equally liable for each person's share. (I
have 1 brother and 1 sister. If my mother dies and we jointly sign for
the $6000 funeral, each of us will owe $2000.)Severally means that
each individual is liable for the entire amount. (If my deadbeat
brother and sister don�t pay, I am responsible for the entire $6000.)
What term is used by OSHA to describe a needle stick?
Parenteral
Differentiate between guaranteed and non-guaranteed pre-need funds.
Include who assumes the risk if there is less money in the trust fund
than is needed at the time of the death.
Guaranteed fund: the funeral home assumes all risks by guaranteeing
that the price will never exceed the amount in the fund.
Non-Guaranteed fund: the consumer assumes the risk because the
price can increase and if the amount in the fund is less than the
cost of the funeral, the consumer must pay the balance.
What is meant by Occupational Exposure?
Reasonably anticipated skin, eye mucous membrane or parenteral
contact with blood or other potentially infectious materials that may
result from the performance of an employee's duties
If a pre-need sales agent sells a contract and attached to the
contract is a written notice of cancellation that the consumer can
complete, must the pre-need agent inform the consumer orally of
his/her right to cancel the contract?
Yes, the pre-need sales agent must always give oral notification of
the right to cancel.
Give another name for Disinterment.
Exhumation
Define Disinterment.
The act of bringing a bodied out of the ground after it has been buried
Explain what is meant by Fitness for a particular purpose warranty
and give an example.
Fitness for a particular purpose means that the product will function
for the specific purpose for which it was purchased. Example: If
a casket with a cardboard bottom is purchased to hold a 300 pound
individual, the bottom will probably not hold. Therefore, the specific
purpose for which it was purchased was not properly satisfied.
How many employees are required for a company to fall under the
compliance of the Age Discrimination in Employment Act?
20
How many employees are required for a company to fall under the
compliance of the Civil Rights Act?
15
Write the embalming disclosure.
Embalming is not required by law. However, some services do require a
body to be embalmed. If you choose not to pay for embalming, you may
choose an option that does not require embalming.
What is the current Short Term Exposure Limit?
2 ppm (parts per million)
How often must you monitor if you are within exposure levels on the
initial monitoring?
Only when structural, procedural or personnel changes are made
Define a bloodborne pathogen.
Pathogenic microorganisms that are present in human blood and can
cause disease in humans
List the 16 prices which are required to be itemized on the GPL.
1. Basic services of Funeral Director and Staff 2.
Embalming 3. Other preparation 4. Transfer of remains to
funeral home 5. Hearse 6. Limousine 7. Use of
facilities and staff for visitation 8. Use of facilities and
staff for funeral service 9. Use of facilities and staff for
memorial service 10. Use of equipment and staff for graveside
service 11. Casket price range 12. Outer burial container price
range 13. Forwarding of remains 14. Receiving of
remains 15. Immediate burial 16. Direct cremation
Can the funeral director complete the Statement of Goods and Services
after the family leaves the funeral home provided the statement is
given to the family at the visitation or funeral?
No, it must be given to them at the time the arrangements are made.
A family at your funeral home selects Funeral Package A. This package
includes Basic services of FD and staff, Embalming and other prep, 1
night Visitation and a funeral the next day, followed by Cremation.
When completing the Statement of Goods and Services, can you list only
1 price, that being the price for the package? Explain when you can or
why you cannot.
Certainly you can list only 1 price on the statement of a package
arrangement, but you must list every item that is included in the package.
According to the Environmental Protection Agency, how many nautical
miles offshore must a ship be in order to bury a body at sea?
3 nautical miles
Give an example of an implied oral contract that is binding relative
to funeral services.
If the family calls and asks you to handle the funeral details, the
transfer of the remains to the funeral home is an implied contract.
Define Consanguinity
Consanguinity is the blood relation of persons. For our
purposes, consanguinity is the term that determines who is the closest
next of kin to a deceased person.
Place the following relationships in order by consanguinity:
Parents Siblings Grandparents Children
Spouse Grandchildren Personal Representative
1. Children 2. Parents 3. Siblings
4. Grandchildren 5. Grandparents spouse and personal
representative would not be included in consanguinity because they are
not necessarily blood relatives.
John Smith dies in Florence Nightingale Hospital. Mr. Smith was a
widower from his first marriage. From that first marriage, he had 2
sons, Robert (32) and James(29). He and his second wife, Betty, were
currently separated and had 1 daughter, Julia (22). This was also
Betty's second marriage and from her first marriage she had 1 son,
Billy (37), and 2 daughters, Jane (38) and Matilda (35). Mr. Smith's
mother, Sofia is still alive in Ineedta Rest Home. Sofia is still
mentally alert.
List the individuals in the order in which they could obtain the
right of disposition.
1. Betty - even though they are separated, she is still the next of
kin until they officially divorce. 2. Robert, James and Julia
all have equal rights under law. 3. Sofia is next in line
4. Billy, Jane and Matilda have the same rights that anyone else who
steps forward would have.
A legal addition to a will is called a(n)
Codicil
List the ways you could revoke a will.
Destroy all copies of the original will, Write a new will dated
after the original one, or Write a codicil to the first one.
Define an exposure incident.
A specific eye, mouth, other mucous membrane, non-intact skin, or
parenteral contact with blood or other potentially infectious
materials that results from the performance of an employee's duties.
What type of property will a devisee obtain upon distribution of the estate?
Real property