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230 terms

Mortuary Law & Ethics

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Legal age
Varies from state to state
Funeral homes w/ ________ or more employees fall under the coverage of the employment-related provisions of the ADA
15
The revocation of a will may occur by
Operation of law, Codicil, Act of the Testator
To protect the funeral home from liability, it is imperative that the FD obtain _____to cremate the body
Written authorization
An instrument in writing authorizing one person to do anything for the principal
General Power of Attorney
An addition or amendment of a last will & testament executed w/ the same formality of the will
Codicil
Addition or corrections to a will
Amendments
Under the _____ of the OSHA, the employer must furnish each employee employment and a place of emloyment free from recognized hazards
General Duty Clause
The method of dividing an estate where a class of group of descendants take the share which their deceases would have been entitled to had their deceased survived
Per Stirpes
Order of intestate succession
Surviving Spouse, Children, Surviving Parents
A man appointed by the court to settle the estate
Administrator
Power of Attorney may be
Durable, General, Springing
An instrument in writing authorizing one person to act as an agent for another affective only upon a certain event occurring
Springing Power of Attorney
Get signed by all who may have any say in the disposition of the deceases - even if they do not have the primary right and duty of disposal
Cremation Authorization
Refers to the physical and mental condition of a personal making a will
Testamentary Capacity
The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
Cremation
One of the unethical practices that has been the subject of many of the cremation liability cases is
Comingling of Remains
_____ is the single most serous civil misdeeds that a funeral home can commit
Cremation of the wrong body
In those states in which it is permitted, it is valid only if made during the maker's final illness and in the presence of witnesses
Oral Will
A soldiers and sailor will is a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of
Personal Property only
One who inherits
Heir
Do not throw away, dump, discard or scatter, but store
Unclaimed Cremated Remains
One who inherits real estate under a will
Devisee
Like a valid contract, a valid will must always be
For Legal Purpose
Training records, under the Bloodborne Pathogen Standard, must be kept _____ years from the date in which the training occurred and include the dates of the training sessions, the contents or summary of the training sessions, names and qualifications of the person conduction the training and names and job titles of all persons attending the sessions
3
While all states have their own laws describing the requirements of a valid will, most include
Testamentary Capacity, Freedom from Duress, Freedom from Fraud, Freedom from Undue Influence, In Writing, Witnesses
The _____ is up to the family and in accordance with the law, if any
Disposition of Cremated Remains
The Fair Labor Standards Act covers WOTF areas of employment law that are important to funeral service
Minimum Wage, Overtime Compensation, Equal Pay
Duties of the personal Representative
Inventory, Pay Claims, File and Pay Tax
A proportional reduction of a legacy under will when assets out of which such legacy are payable are not sufficient to pay it in full
Abatement
In most states, a will must be signed in the presences of _____, depending on the state
two or three witnesses
One who inherits REAL ESTATE under a will
Devisee
The cancellation of an instrument, act, license, or promise
Revocation
One type of special will is that made by a person on active duty in the Armed Forces. It may be oral or written
Soldiers and Sailors Will
A method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent
Per Capita
The state or condition of dying w/out having made a will
Intestacy
An oral will
Nuncupative Will
To prevent the cremation of the wrong body, _____ is of the utmost importance
Identification
A man appointed in the will to carry out the provisions thereof and settle the estate
Executor
A gift of personal property by will
Legacy, Bequest
A will written completely in the maker's handwriting and then signed and dates
Holographic Will
The PROving of a will
PRObate
Forfeiture of a decedent's property to the state in the absence of heirs
Escheat
A will written entirely by the testator with his own hand
Holographic
A federal statue that governs express and implied warranties
Magnuson-Moss Act
A legal document directing how real and personal property should be distributed after the death of the person making the document
Will
An instrument in writing authorizing one person to act as agent for another
Power of Attorney
Generally, the purpose of the employment provisions of the _____ is to prohibit employers from discriminating against disabled individuals in all phases of the employment relationship
ADA
Cremation of the wrong body, wrong, cremated remains returned to the family is considered a
Tort
Insolvent estate (state statute controls priority of claims) - usual priority of claims
Funeral Expense, Administration Expense, Taxes, Last Illness
Be used to make way for a new highway or some other structure that will benefit the majority of the public
Eminent Domain Proceeding
A _____ is a wrongful act committed by one person against another person or their property
Tort
Case Law has established that primary liability for funeral expenses is upon the
Estate
In WOTF cases have claims against funeral directors traditionally allowed for mental anguish. Cases involving a/n
Outrageous Act, Intentional Act, Act Involving Gross Negligence
The failure to perform a manifest duty or performing that duty with reckless disregard of the consequences as affecting the life or property of another
Gross Negligent Act
WOTF might impose restrictions on funeral establishments
Ordinances, Building Codes, Restrictive Covenants (Dead Restrictions), Covenants Not to Compete, Nuisance Laws
Failure to perform any and all obligations specified or implied in a contract
Breach
Failure to perform a manifest duty or performing that act with TOTAL disregard for the consequences of that act
Intentional Act
The performance of an act with COMPLETE disregard for proper conduct that transcend the bounds of common decency
Outrageous Act
WOTF might be considered desecration of a grave
Vandalism, Sacrilege, Defilement
WOTF are types of contracts recognized at law relative to the funeral bill
Implied, Express, Quasi
A Funeral Director is liable for the actions of _____ if he or she holds out such cars and drivers as his or her own
Livery Drivers
A landowner's use of property that interferes the pubic or another landowner's use of property
Nuisance
WOTF are duties recognized by the law that impact directly on the Funeral Director
Duty not to interfere with the right of burial (disposition), Duty of exercising reasonable care in regard to the body and the funeral home premises
For a Covenant Not to Compete to be valid at law the terms must be reasonable with respect to
Geographical Area, Length of time of Restriction, Scope of Activity
Private reasons for disinterment might include
Consolidate burial plot of family members at cemetery, Disinterment and reinterment at another place, To recover improperly buried valuables
Act, occupations or structures that are nuisances at all times and under all circumstances
Nuisance per se
The degree of the duty of care a landowner owes to a person on the landowner's property depends on the status of the persons. Put these visitors improper order of care from highest level to lowest
Business Visitor, Social Guest, Trespassor
WOTF cemeteries may discriminate
Private
Written premise, or obligation; promise made by the grantor in a warranty deed or as terms of employment such as not to compete
Covenant
The term _____(from Greek; sleeping place) implies that the land is specifically designated as a burying ground
Cemetery
A law passed by a municipality by virtue of the police that regulates and prescribes the kind of building, residences, or business that shall be built and used in different parts of the municipality
Zoning Laws
Express Contracts employed in funeral service may be
Pre-need, At Need
The funeral home is typically not liable for the actions of volunteer drivers because
They are not an agent of the funeral director, The driver had not been drinking
Embalming is not required by law
In any state, U.S. possession or the Dist. Of Columbia, Except in certain special cases
Typically, a driver is liable for his or her own torts provided
No agency has been established with the funeral home
WOTF is true of agent drivers
The Funeral Director has liability & Control
WOTF agencies might impose Federal standards on the regulatory specifications on the operation of funeral homes
OSHA, EPA, ADA
Some municipalities have restrictions on funeral processions. These restrictions may include
Police or other escort required, Marking of the cars required, Number of cars allowed
It is well-established that the state has power to seek an exhumation for the purposes of gathering evidence for a/n
Criminal or Civil Case
When is embalming required by law?
Public Visitation (other than immediate family members), Transportation across state or county lines, Death due to certain communicate diseases, Body to be held more than 24 hrs. w/out benefit of refrigeration
When an individual buys a cemetery plot they
Acquire License/NOT REAL Property
A funeral home owes the duty of _____ to each invitee to the funeral home to maintain the premises in a/n _____ safe condition for its intended use
Care - reasonable
Items may be deemed necessary for a funeral based upon
Custom, Religion, Fraternal Requirements, Legal Requirements, Cemetery Requirements
There must be a reasonable assumption that information can be obtained for disinterment to be ordered in the
Public Interest
A straight forward contract - I promise to pay - may be oral or written
Express Contract
The location of a cemetery may be determined by
Zoning Ordinances, Eminent Domain
Bodies have been disinterred in the PUBLIC interest where they may constitute a threat to
Public Health
The removal of a human remains previously buried in the earth
Exhumation, Disinterment
A place in which dead bodies and cremated remains are buried
Cemetery
A covenant not to compete is a permissible restraint of trade as long as
It is a part of a valid contract for employment or sale of a business, Terms are reasonable
WOTF may be allowable cost items of a funeral
Embalming, Professional Service, Facilities, Casket, Clothing, Transportation, Cemetery or Cremation Cost, Headstone or Monument, Flowers, Newspaper Notices, Outer Burial Container
At which of these particular premises would the funeral director be expected to offer the highest level of care
Funeral Home
WOTF might the funeral home be able to look to for the payment of the funeral bill
The estate of the decedent, Surviving Spouse, Parent of a minor, the Gov't
Act, occupations or structures that are not nuisances per se, but many become nuisance by reason of the location or manner in which is operated
Nuisance in fact
Which is the proper order for imposing liability for family necessities
Spouse for spouse, Parents for minor &/or dependent children, Volunteer, Public Authorities
This type of contract is not a contract at all, but one imposed by law for a need that the individual is unable to contract for him or herself
Quasi Contract
Type of contract imposed by law on an accident victim needing medical attention, but the victim is unable to contract for themselves
Quasi Contract
Cemeteries may be classified as
National, Private, Public
WOTF may the court use to place limitations on the funeral bill
Size of Estate, Status in Life, Reasonableness of charges, Funeral Director's knowledge of decedents financial condition, Local or Ethnic customs
These are interrelated, but they are completely separate and distinct from one another. Frequently, they may be vested in one person or distributed among as many as three different people
The right and duty of final Disposition
A Person engaged in learning the Practice of funeral directing and or embalming under instruction, direction or personal supervision of a fully licensed funeral director and or embalmer
Apprentice, Intern, Resident
The reduction of the body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
Cremation
WOTF has historically been a concept of property rights in a dead human body
Property Theory, Quasi Property Theory & No Property Theory
Currently accepted view of the property rights concerning a deceased human body in the United States of America
Quasi Property Theory
Under modern day business law, all states have adopted the _____, although Louisiana has adopted on portions of it
Uniform Comercial Code
Most of the definitions of death from among the various states no contain the word
Irreversible
Merchant Law dating back many thousands of years evolved into modern day
Business Law
The inherent right of the governmental bodies (state and federal freely elected by the people) to make reasonable laws to protect the safety, health, and general welfare of its citizens
Police Power
The physical possession of the dead human body
Actual Custody
An agency put in place by the various states to over see the activities of the specialized professions serving the citizens of that state
State Boards
May be actual or constructive
Custody of the body
In most cases of _____ the body becomes a cadaver for anatomical study
Donation
The "conclusive" performance of services with respect to the dead human body
Final Disposition
A law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives that right to another
Uniform Anatomical Gift Act
Laws enacted by Congress of the United States of America are _____ laws
Federal
An act of police power held by the states in an effort to protect the citizens of that state from unknowledgeable, untrained or unscrupulous individuals _____ laws
Licensure
Funeral Service law is sometimes referred to as
Mortuary Jurisprudence
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services and public accommodations and services operated by private entities
ADA (American Disability Act)
A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same
Stare Decisis
The body of a dead human being deprived of life, but not yet entirely disintegrated
a dead human body at law
Under federal law
Bills are passed
A third party with actual custody (like a funeral director) becomes a _____ and the legal protector of the dead human body from the time of removal until final disposition
Custodian
WOTF would make the wishes of the decedent known
Pre-Arrangements, Other Declarations & Will
WOTF are rules to be followed after a divorce in today's society
Kids are NEVER divorced from parents (but may become estranged), The custodial parent has prior rights in controlling a child's funeral, Divorce only affects spouses( Not their relatives)
Place in their proper order (1st, 2nd, 3rd) the following degrees of kinship
Adult Children, Surviving parent/s (absent ANY ADULT children),
Siblings (brothers/sisters - absent ANY adult children),
Aunts/Uncles
WOTF may be considered as sources of law that could impact funeral home operations
Constitution of U.S., Statutes, Administrative Agencies, Ordinances, Case Law, Common Law
A person, properly licensed, who disinfects, preserves, or restores a dead human bodies
Embalmer
These practices are under the control of the various governmental agencies in an effort to insure that there is fair and equitable treatment of all individuals
Business operations
A Governmental agency with environmental protection, regulation and enforcement authority
EPA (Environmental Protection Agency)
Absent any wishes from the decedent and any kin, the secondary right to control the funeral would fall to the
County, Local Government (City/Town/Village), State
In order to be considered a dead human being, the remains must be
Recognizable as those of a human
Burial in the ground
Interment
Laws enacted by the various STATE LEGISLATURES are _____ laws
State
The total and IRREVERSIBLE cessation of brain function as indicated by the flat EEG reading
Brain Death
A governmental agency with the responsibility for regulation and enforcement of safety and health matters for most employees
OSHA
The right control of the funeral for this person is absolute no matter how many ex-spouses, or adult children there are and in the absences of written direction from the deceased
Surviving Spouse
When one spouse kills the other, this is the _____ which would deny any rights to control the funeral
Ultimate Estrangement
Laws enacted by legislative bodies (both Federal & state) are called
Statutes
The concept that the dead human body had _____ and belonged to the person who, by marriage or kinship, had the right and duty of disposition
Property Rights
A dead human body at law
Corpse
WOTF are examples of agencies (may be federal & or state)
FTC, OSHA, EPA, ADA
Under Canon Law, the body was held to belong to the Church or to God and therefore had ____ belonging to any individual
No Property Rights
The only way that a spouse may be defeated is express directions of the decedent, or
Estrangement
Case Law had made it clear that the right to _____ has a definite order or preference
Control final disposition
Laws passed by municipal governing bodies (cities/towns/villages)
Ordinances
Where a party had a right to acquire possession although another party has actual possession
Constructive Custody
An agency of the federal government created in 1914 to promote free and fair competition by prevention of trades restraints, price fixing, and other unfair methods of competition
FTC (Federal Trade Commission)
A judicial appointment of a person to administer the affairs of another person who is incompetent the virtue of age or legal disability
Guardian
Non-Legislated principles and rules of action predicated upon usages and customs
Common Law
WOTF would be a part of a funeral director's individual/personal ethics
professionalism
WOTF is a rule of ethical conduct that is found in most major religions?
The Golden Rule
WOTF is considered unethical publicity for a funeral director
Misrepresentation in warranties
A declaration or public statement of professional standards of right & wrong conduct defines a(n)
Code of Ethics
The ethical funeral director should not
advise each family what casket they should select
With respect to the funeral industry, private & governmental agencies are examples of
allied services
WOTF is a desirable characteristic of an ethical funeral director?
Compassionate
With respect to pre-need funeral arrangements, WOTF records should be kept on file at the funeral home except
preferences of family members who have not signed the contract
With personal effects of a deceased in his custody, the ethical funeral director should not
place them in a bag & leave them in the preparation room
Law is defined as
the rules that govern society
In regards to an ethical funeral director's relationship w/ his competitors, WOTF is considered a proper goal?
Cooperation
The set of values, ideas, & opinions of an individual or group is known a
philosophy
When a funeral director makes arrangements w/ a family, he should
be factual & knowledgeable.
With respect to ethics, the term citizenship refers to
the behavior or character of an individual viewed as a member of society
WOTF is an ethical obligation that a funeral director owes to his professional association?
Participate in continuing education
WOTF is an allied professional or service that the ethical funeral director is professionally concerned with?
Organ Donation
In regard to employer-employee relationships, the ethical funeral director should
provide thorough training.
WOTF consists of the rules, ideas & the beliefs shared by members of society for living & dying which are learned directly or indirectly?
Culture
A philosophy that does not focus on the worship of a god or gods is considered to be
non-theistic
The branch of philosophy dealing w/ values relating to human conduct, w/ respect to the rightness & wrongness of certain actions & to the goodness & badness of the motives & ends of such actions is
ethics
In choosing your source of supply of caskets, the most important qualification of the manufacturer is
a policy of standing behind their product.
Principles of morality, including both the science of good & the nature of right is
ethics
In regards to professional boards, the ethical funeral director should NOT
only abide by the rules that he agrees with.
WOTF is not considered ethical in regard to the deceased body?
allowing a personal friend to watch the embalming procedure
The cultural heritage or identity of a group, based on factors such as language or country of origin is known as
ethnicity
What is good & moral in business transactions is the definition of
business ethics
A stage of moral development in which the expectations of the social group (family/community & nation) are supported & maintained is known as
Conventional stage.
In reference to ethics, advice given to someone else to help then w/ a problem is termed
counseling
WOTF should NOT be discussed in the funeral arrangements conference?
Educational programs
If a funeral director receives the remains from another funeral home & the conditions are below standard, he should
attempt to make the remains presentable before viewing
When making pre-need arrangements, a good ethical practice is to
secure all funeral home records in a safe place.
Fidelity to moral principle is the definitions of
integrity
A term that is synonymous w/ ethical, & that refers to the customs, values, & standards of practice of a group, age, or theory intended to be timeless is
moral
A philosophy that focuses on the worship of a god or gods is called
a theistic philosophy
When w/ a family during an arrangement conference, it is good ethical practice to
provide the family w/ documentation of all business transactions.
In regards to competitive relationships, WOTF is not a good ethical practice
Defamation of competitor
WOTF is not a good example of ethical employer-employee relationships?
Favoritism
According to Kohlberg, stage of moral development in which the individual considers universal moral principles which SUPERSEDE THE AUTHORITY OF THE GROUP is called
post conventional stage
Kohlberg's stage of moral development in which moral reasoning is based on reward & punishment from those in authority is the
pre-conventional stage
Kolberg's stage of moral development in which the individual is characterized as not understanding the rules or feeling a sense of obligation to them is the
pre-moral stage.
A culturally entrenched pattern of behavior mad up of sacred beliefs, emotional feelings accompanying the beliefs & feelings is AKA
religion
Moral principles that vary w/ circumstances are referred to as
situational ethics
WOTF is not good ethical behavior in regard to treatment of the deceased?
Necromania
WOTF is not an allied profession or service to the funeral industry?
Banking professional
WOTF denotes good professional ethics in community relationships?
Speaking to a local church group
WOTF is not good personal ethical trait?
infidelity
Beliefs that are held in high esteem are
values
WOTF is a consideration in the funeral director's community relationship?
relationship w/ the clergy
WOTF terms means related, as in related professions?
allied
A system or code of morals of a particular philosopher, religion, group, or professions is called
code of ethics
Maintaining discreet client relationships would fulfill what ethical practice?
Confidential philosophy
All of the following statements are true of ETHICS EXCEPT
that ethics are imposed EXTERNALLY
All of the following are true of laws EXCEPT
they are imposed INTERNALLY
An ethical funeral director is exposed to be knowledgeable & give factual representation of all of the following EXCEPT
all known religious practices
WOTF terms is defined as having a sense of honor, and fair dealings?
Honesty
A reason or desire that acts as a catalyst to spur on to a specific action is called
a motive
WOTF is an example of unethical publicity?
Fraudulent promotion
WOTF is a reason to have continued education in funeral service?
Good for self improvement
WOTF would be ethical obligation to your professional association?
To share time & talents
All of the following would be considered part of a funeral director's individual/personal ethics EXCEPT
his/her relationship to allied professions
The ethical funeral director should
provide professional service to all who apply
All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT
embalming should be completed as quickly as possible w/out regard to proper case analysis
All of the following would be considered an allied service EXCEPT
The public agency
When dealing responsibly w/ the media, an ethical funeral director should
be discrete in the information he/she releases
All of the following would be considered components of an ethical funeral director's employer-employee relationship EXCEPT
The employee's religious background
WOTF is a good ethical behavior in regard to treatment of the deceased?
cleanliness in the preparation room
WOTF is an ethical consideration in regard to the care of the deceased body?
Entrusted care by the family
All of the following is an ethical consideration in regard to the care of the deceased body?
maintaining the privacy & security of the arrangements
In regards to employer-employee relationships, the ethical funeral director should
provide environmentally safe working conditions
WOTF would be the best example of ethnicity?
Jewish
With regard to colleagues, an ethical funeral director should be willing to do all the following EXCEPT
share profits w/less fortunate funeral directors
In maintaining a high standard of conduct w/ a competitor, the funeral director would be wise to
respect the bereaved family's choice of a funeral establishment
In recognizing ethical standards in his professional responsibility to the press, the funeral director
must exercise discretion in releasing confidential information.
WOTF is considered to be a component of a funeral director's individual relationships?
His/Her relationship w/ family
If a person complies w/ the laws of his/hers community solely because of fear of going to prison, which stage of Kohlberg's moral development are they complying w/?
The pre-conventional stage
The state of Attorney General of a given state requires a $10 fee for each pre-need contract written. This would be an example of
Law
All of the following are examples of Kohlberg's stages of moral development EXCEPT
the moral stage
If a person considered universal moral principles to SUPERCEDE THE AUTHORITY OF THE GROUP, he/she is complying w/ which of Kohlberg's stages of moral development?
The post conventional stage
Ethics is probably best defined
as the discipline dealing w/ moral duty & obligation
In his ethical obligations to various professional associations, the funeral director should
urge the professional solidarity