Chapters 3 and 4 - Rights of Parties Undertaking Diposition

What should you do if there is no security and violence starts?

call the police and ask the perpetrators to leave

What should you do if someone calls asking for information for the said private service?

do not give them out, tell them they need to contact the family **even if it is a florist, do not give a date and time, ask to deliver a few days prior without giving any more information

What should you do as a funeral director if the desire is to have a private service?

do not publish dates or times for the service in the obituary

If the funeral times are private out of fear of violence, what should you do?

hire security

As a licensee how will you act?

in best interest of the family, according to their wishes as well as in best interest for the deceased

What type of a "bailment" do you have with a dead human body?

no bailment because a body is not property!

What is constructive custody?

possession with a third party such as a hospital or morgue -"arms length" custody

What does bailment apply to?

property

What is contract terminology?

should be clear and concise, legal counsel approved to comply with the "truth in lending act"

If funeral times are posted to the public what does this mean?

the service is rendered public and no one can be excluded unless they are causing a problem

What does this mean for the funeral director when they take possession of the body?

they become the "protector" of the body

What is bailment?

transfer of property without the transfer of the rights with the property

When are talking about a dead body in the terms of property what are we actually talking about?

we are talking about the rights that come alone with it

When does custodial custody appear?

when the funeral director takes actual custody of the body

Can the right over a dead body be revoked?

yes, if the individual of that right does not exercise it properly

What are the peoples duties who are in charge of the dispotion of the dead?

1. right of custody 2. right to control the funeral 3. right to choose disposition 4. right to enter into a funeral contract

What is included in the general priority list?

1. surviving spouse 2. adult children 3. parents 4. adult siblings 5. grandparents 6. other relatives **in the absence of relatives, a state may allow an executor or guardian to make arrangements

What are some additional FTC disclosures for funeral contracts?

1. the price of the funeral and a list of all services and merchandise 2. the price of each supplemental item(service or merchandise) 3. a list of cash advance items 4. the method of payment and terms

What is right of custody?

-a body is NOT property in the ordinary sense; but it is tangible -limited and specific in purpose -the right to take control or assign possession of the body (ie: choosing a funeral home)

What is the right to enter into funeral contracts?

-are agreements between a funeral director and another party of a legal age -can be written or oral -can be joint, several, or joint and several -third parties may also be involved, but need not sign a contract (example: government welfare, military)

What is the general priority order?

-authorizing agent (if allowed by law) -spouse -adult child -parent -adult siblings -guardian -volunteer

What are some examples of oral contract in funeral service?

-embalming -transfer

What is included in forfeiture of right of dispositon?

-missing relatives -majority control -waiver on uncooperative relatives -homicide cases

What are the conditions that must be met for a deceased individual to be legally considered a dead human body?

-must be human -must be deprived of life -not totally desintigrated

What is right to control funeral (or no funeral)?

-power to exercise control over all matters relating to the funeral -it's an exclusive right -public vs. private funerals (lawful)

What are the 3 primary protections for funeral homes?

-right to rely (on representation the family gives) -right to halt funeral arrangements when disputes arise (we have right to stop funeral arrangements) -criminal, civil, or disciplinary action provisions (gives immunity in exigent circumstances)

What is right to choose disposition?

-the paramount right of custody also includes the paramount right of legal disposition -lawful manner, 6(7) methods -Dumouchelle v. Duke University, North Carolina 1984

How to go about memorial contribution and other monetary funeral expenses?

-try to remain out of the legal liability of "crows funding funerals" -make sure these are safeguarded and counted in front of the family and the receipt is given -safeguard those wanting remain anonymous

What are some questions to ask yourself relating to the rights of disposition during arrangements?

-who is making the arrangements? -are there other family members with an equal right of disposition? -do they have an authorizing agent? -are they excluded by the operation of the law? -this will require a conversation with families?

What are the right of disposition statutes?

1. a mechanism for an individual to control their own disposition 2. a detailed priority list detailing who holds the right of disposition 3. a list of events and situations in which the right may be taken away 4. extensive protections and immunities for death care providers

What are the 3 types of bailment?

1. for the benefit of the bailor 2. for the benefit of the bailee 3. mutual benefit bailment

What should standard funeral contract include?

A. itemization (required by law) B. cash transaction (not borrowing on credit) C. late payment/penalty charge - APR or amount assigned to late payments D. collection fees E. estate liability F. joint and several liability (easier way to sue) G. disclaimer or warranties (products)

What is actual custody?

actual physical custody of the body