Mortuary Law & Ethics
When a funeral home is in possession of a dead human body, the funeral home has _____ custody.
Actual
T/F Discretionary bonuses are considered wages.
False
T/F Holding a body for burial until payment is received is not actionable violation.
False
T/F The first to be obligated to pay the funeral expenses is the surviving spouse.
False
Life insurance which is used to fund a separate pre-need contract.
Funeral insurance
What is the purpose of the Uniform Anatomical Gift Act?
Gives first choice to the deceased regarding anatomical donation
The OSHA regulation that deals with identifying and limiting exposure to occupational hazards.
Hazardous Communication Standard
Mr. Smith authorized anatomical donation the day before his death. The family refused to have any organ or tissue donation. Does the family have the legal right to prevent any donation?
No
A contract which involves such personal knowledge, skills and confidence that it can only be performed by the person with whom it is made; a contract whereby both parties should recognize that any breach will usually cause anguish
Personal service contract
An agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law.
Revocable pre-need
For legal and medical purposes death is the sustained irreversible cessation of all functioning of the brain including the brain stem.
True
T/F Apprentices and disabled persons may be exempt from the minimum wage if approved by the Department of Labor.
True
T/F If an invitee to the funeral home falls on the parking lot as a result of snow and ice, this could be a tort liability for the funeral home.
True
T/F If the funeral home does not comply with duties and obligations of the law creating a violation, this would be considered a tort and the plaintiff could be awarded damages.
True
T/F The funeral director is responsible and has tort liability if pall bearers or clergy are injured.
True
T/F The funeral home could be sued for negligent infliction of mental distress for simple negligence.
True
Which pre-need investment is subject to federal income tax?
Trust
When pre-need funds are placed into a master account at a bank.
Trust account
Which describes the position of trust to a beneficiary - in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors.
Trustee
Shipment of cremated remains may only be shipped via ___?
United States Postal Service (USPS)
Which of the following are primarily responsible for the cost of a funeral? a. surviving spouse b. decedent's estate c. children above the age of 18 d. deceased wife's estate
b. decedent's estate
If an estate is primarily obligated to pay the funeral expenses, the funeral director should do the following: a. consider the estate is solvent and not worry whether or not payment will be made b. have another person sign the contract c. have the manager of the funeral home sign the contract d. all of the above
b. have another person sign the contract
Which of the following best describes a dead human body? a. it is considered personal property b. it is considered quasi property c. it is considered constructive property d. it is considered real property
b. it is considered quasi property
Which of the following is not covered in the Fair Labor Standards Act of employment law? a. minimum wage b. safety c. overtime compensation d. equal pay
b. safety
Which of the following would not be considered employee wages? a. overtime b. vacation pay c. gift or discretionary bonuses
b. vacation pay
Mrs. Jones has requested that funeral home ABC take over the arrangements for her husband from another funeral home because of unprofessionalism. When funeral ABC arrives to pick up Mr. Jones, the funeral home refuses to allow the removal until they are paid. Which of the following best describes this situation? a. intestate b. wrongful withholding c. moral turpitude d. none of the above
b. wrongful withholding
Which of the following is a key cremation document to protect the funeral home from liability? a. embalming authorization b. restorative authorization c. certification and indemnification d. disposition of cremated remains
c. certification and indemnification
Which of the following is the best practice regarding identification of remains before cremation? a. photo b. scars c. deceased in person d. tattoos
c. deceased in person
Which of the following best describes an independent contractor? a. embalmer without their own instruments and uses the funeral home's b. provides services to one exclusive funeral home c. free to set their own hours
c. free to set their own hours
For what purpose is the next of kin given quasi-property rights in a dead body? a. right to own property b. right to pay for funeral services c. right of disposition d. right to purchase cemetery property
c. right of disposition
The body of a dead human being, deprived of life, but not yet entirely disintegrated is?
corpse
Which of the following has the right to control the funeral? a. Personal representative b. spouse c. guardian d. all of the above
d. all of the above
Which of the following have a secondary right to final disposition? a. state govt b. county govt c. local govt d. all of the above
d. all of the above
Which of the following are rights given for final disposition of a dead body? a. right to give a funeral home constructive possession b. right to control the funeral c. act as trustee for the other survivors d. all of the above are rights given
d. all of the above are rights given
Which of the following are standards to determine if an individual falls under the classification of professional? a. primary duties consist of performance requiring advanced knowledge and is required by specialized intellectual instruction b. work requires consistent exercise of discretion and judgement c. work is primarily intellectual and varied in character d. all of the above are standards
d. all of the above are standards
Which of the following statements are true in regard to funeral homes being a nuisance? a. a nuisance is a unreasonable, unusual, or unnatural use of one's property so that it disturbs the peaceful, quiet, and undisturbed use and enjoyment of nearby property b. in some residential areas, the courts have ruled a funeral home is a nuisance c. courts typically will not consider a funeral home a nuisance in residential areas that have commercial property near d. all the above are true
d. all the above are true
Which of the following statements regarding disinterment is not true? a. ordinarily a court will not order or permit a body to be disinterred unless there is a strong reason to do so b. disinterment may be authorized for public interest or private purpose only c. The individual with the right of disposition cannot disinter against the will of other relatives unless there is a court order d. disinterment may be authorized for public interest only
d. disinterment may be authorized for public interest only
Which of the following does not apply to punitive damages awarded in a tort? a. intended to punish the funeral home b. awarded only in willful or very reckless conduct c. must be personally paid by the funeral home d. Punitive damages are paid by the funeral home insurance
d. punitive damages are paid by the funeral home insurance
Which of the following is not a purpose to reduce liability by using cremation forms to document in writing? a. determine authority of agent authorizing cremation b. identity of the deceased and information on medical devices, personal effects c. disposition of the cremated remains d. signing the statement of funeral goods and services
d. signing the statement of funeral goods and services
Which of the following does not apply to a civil law suit for a willful violation of unpaid wages? a. it is a violation to terminate or retaliate against an employee who files the complaint b. court may award unpaid wages and overtime for up to two years c. a willful violation can extend for up to five years d. the court cannot award additional amounts as damages
d. the court cannot award additional amounts as damages
Who has the first priority in the right to control the funeral and burial?
deceased
Which of the following apply to the FTC's Cooling Off Regulations? a. for door-to-door sales b. sales of consumer goods or services exceeding $25.00 c. made at a place other than the funeral home d. must be cancelled within three business days e. all of the above apply
e. all of the above apply
Which describes the absence of all vital signs? a. brain death b. clinical death c. legal death d. a and b e. b and c
e. b and c
T/F A willful violate of the FSLA cannot result in criminal action.
false
T/F According to the ADA, a funeral home may refuse to embalm a body with a contagious disease such as AIDS.
false
T/F The individual with paramount right to control disposition may disinter human remains even if the other family members try to deny that right.
false
What term should be used to prevent malpractice in regard to aftercare?
grief facilitator
Cremation form that releases and hold harmless the crematory for all losses, damages, etc.
indemnify statement
If the beneficiary of a pre-need contract has to spend down funds for Medicaid, which type of pre-need contract must be established?
irrevocable
What is it called when the next of kin has to take action to recover a dead body from a funeral home?
replevin
A person authorized by principal to execute specific acts.
special agent
A cremation form which certifies that the person signing the cremation authorization form truly has that right
statement of authenticity
T/F A funeral home that is grandfathered in when there is a residential zoning ordinance change, may be restricted from expansion, renovation or rebuilding of the current structure.
true
T/F A hairdresser is considered to be an independent contractor.
true
T/F A prudent funeral director does not need to know if the person signing the funeral contract is solvent and able to pay.
true
T/F Although there is a religious purpose, the courts may not order a disinterment.
true
T/F An agent's authority in writing to execute a contract is known as expressed authority.
true
T/F If an embalmer is using the funeral home facilities and equipment and he has no such equipment available, he will probably be regarded as an employee and not an independent contractor.
true
T/F It is an indictable offense under state and common law to disinter a dead body without proper authority regardless of the purpose or motive.
true
T/F Replevin is an action to recover possession of wrongfully withheld personal property
true
T/F The ADA has placed more stringent standards for those building or additions that were occupied after 1993.
true
Which of the following apply to disinterment for private reasons? 1. disinterment and reinterment in a different place 2. mistake in interment 3. may require surviving spouse or next of kin provide a written application to the cemetery board of trustees 4. funeral director is usually not necessary to be in attendance
1, 2, and 3
Which of the following apply to executor or administrator in regard to paying the funeral expenses: 1. usually the executor or administrator is not appointed to administrator of the estate until the will is available usually after the funeral 2. the executor may be personally responsible for expenses unless so stipulated and the funeral director is looking to the estate to pay 3. the executor can be reimbursed if he/she personally paid for the expenses
1, 2, and 3
T/F The custodial parent has the right to control final disposition.
True
Funeral homes which employ ___ or more employees must comply with civil rights laws.
15
Which of the following apply to disinterment in the public interest? 1. disinter to move remains from one grave to another in the same cemetery 2. to affirm or disaffirm an alleged cause of death in connection with an insurance policy 3. gathering evidence for a criminal trial 4. disinterment and reinterment in another cemetery
2, 3, and 4
Order the following in regard to cremation chain of custody: 1. verify permits 2. use of proper container for cremation and/or cremated remains 3. delivery of remains to crematory for cremation 4. return delivery of cremated remains
3, 1, 4, 2
The total and irreversible cessation of brain function as indicated by a flat EEG reading is?
brain death
Which of the following are considered mutilation of a dead body? a. unauthorized trimming or removal of a mustache, beard, hair, etc. b. performing procedures other than that required for normal embalming c. unauthorized or negligent embalming and/or restoration d. all of the above are mutilation
d. all of the above are mutilation
Which of the following best describes a dead human body? a. must be a human being b. must be deprived of life c. not yet entirely disintegrated d. all of the above describes a dead body
d. all of the above describes a dead human body
Which of the following may not be asked on an employement application? a. age b. criminal convictions c. marriage d. all of the above may not be asked
d. all of the above may not be asked
T/F If a funeral home retrieves medical devices after cremation and intend to donate those items, it is not necessary to get authorization from the family.
false
T/F If there are unsafe conditions at the graveside and there is a possibility of injury of the pallbearers or clergy, the funeral director is not obligated to inform them of the dangers.
false
T/F It is not necessary to instruct the family regarding the cremation process and processing of cremated remains.
false
T/F The funeral home is usually the second or third debt paid from an estate.
true
T/F The person with the right to disposition does not necessarily have to pay the funeral expenses.
true
An employee is paid every two weeks. One week had 50 hours and the next week had 30 hours. Do they need to be paid overtime?
yes
Legally, the funeral director has two duties which impact them: 1. not to interfere with the right of burial 2. exercising reasonable care to keep funeral home premises in a reasonably safe condition 3. being responsible for cemetery rules and regulations
1 and 2
The funeral director is required to obtain which of the following permits? 1. burial permit 2. cremation permit 3. transit permit 4. embalming permit 5. death certificate
1 and 3
Probate of an estate can take up to ____ to be settled.
1 year
Which of the following applies to the party who has the right to control final disposition? 1. ability to convey custody to a funeral home 2. control the funeral 3. do that which is necessary to effect final disposition 4. acts as trustee for all survivors
1, 2, 3, and 4
Which of the following employment positions are exempt from paying overtime and minimum wage? 1. executive employees 2. administrators 3. maintenace 4. commissioned outside sales person 5. computer employees
1, 2, 4, and 5
Which of the following are problems that confront funeral directors and is apparently becoming more commonplace in our mobile society in relationship to the right of disposition? 1. the duty of final disposition 2. the right to control the funeral and burial. 3. the duty to pay for the funeral and the final disposition 4. the duty to control the families
1, 2, and 3
Which of the following applied to the liability for funeral expenses of a dependent? 1. common law rule requires the husband and father be responsible for expenses 2. the husband and father are liable for funeral expenses unless the deceased had an estate 3. the husband and father cannot be reimbursed for funeral expenses if decedent had an estate 4. husband is liable for funeral expenses even if he and his spouse are separated
1, 3, and 4
Which of the following applies to the mutilation of the body? 1. the right of possession of the body required that the body be in the same condition as when received by the funeral home 2. embalming without permission is not considered mutilation therefore no tort has been committed 3. when the funeral home gets permission for embalming it is not considered mutilation since it is sanctioned as being legal 4. the funeral home would have no tort liability if an autopsy were ordered by the medical examiner
1, 3, and 4
Which of the following applies to transportation liability? 1. funeral home employees that drive the hearse are considered common carriers. 2. funeral home is not responsible for third party drivers 3. the funeral home is not responsible for volunteer drivers 4. if the driver is negligent and causes an accident this could be a breach of contract 5. since a passenger in the funeral procession is not an agent of the funeral home, the funeral home is not liable if there was an accident
3, 4, and 5
Payroll records are required to be kept for how many years to be in compliance with the IRS?
6 years
According to the Cremation Association of North America (CANA), how long should the funeral home hold cremated remains before disposing them?
60-90 days
Which of the following best describes a revocable pre-need contract? a. may be terminated by the purchaser at any time prior to the death of the beneficiary b. cannot be terminated or canceled prior to the death of the beneficiary c. an agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need
A. may be terminated or canceled prior to the death of the beneficiary
Which organization provides disabled individuals with full use and enjoyment of public accommodations?
ADA
Employers are covered by FSLA if it's gross annual sales exceed ____ including cash advances.
$500,000.00
The physical possession of the dead human body.
actual custody
How often should OSHA training take place?
Annually
One who contracts to perform a certain task for a set fee.
Independent contractor
When a funeral director acts in an intentional, wrongful, outrageous, reckless, malicious with the intent of causing emotional distress it is considered what?
Intentional infliction of mental distress
What does not apply to the right of custody of a dead body? a. It's absolute b. It's not absolute c. Limited to disposition d. May be revoked
a. It's absolute
Which of the following refers to the relationship of a decedent to his relatives; each generation is one degree, counting to a common ancestor? a. degree of kindred b. degree of relationship c. familial d. all of the above
a. degree of kindred
Which of the following does not apply to third party crematories? a. should do an inspection every 3 years b. funeral home potentially liable for crematory c. identify and confirm chain of custody d. initially interview the crematory owner, personnel and inspect facilities
a. should do an inspection every 3 years
the party appointed by the principal to enter into a contract with a third party on behalf of the principal.
agent
If the courts find that the funeral costs are unreasonable, they may not pay the full amount from the estate. Which factors do courts look at to determine reasonableness of the funeral? 1. size and solvency of estate 2. the right of creditors 3. decedents station in life 4. decedents religious faith 5. decedents fraternal memberships 6. local and contemporary custom 7. funeral directors' knowledge of the financial condition of the decedent
all are factors
