Funeral service and FTC Law

the funeral director is required by the funeral rule to retain all price list for a period of time from the date the price list were last distributed

1 year

while making a removal, a discussion of prices or arrangements take place. this is face to face meeting requires the funeral practitioner to hand out the gpl. this is the

triggering event

exist when a seller requires the purchase of unwanted items/ services in order to obtain the desired item/services

trying arrangements

may a FH incorporate only a portion of its basic service fee in its charges for direct cremation, immediate burial, forwarding or remain and receiving of remains?

yes

the prevailing reasons FH are considered a nuisance in residential areas are; 1) depreciation of property values 2)provide a necessary business for public health 3)cause of psychological depression 4) property value increase

1) depreciation of property values & 3) cause of psychological depression

The general price list must contain the funeral home name, address, phone #, ___ and ___ 1) the effective date 2)website address 3)the words general price list 4)the casket price list

1) the effective date and 3) the words general price list

examples of disinterment in the public interest are 1. exhumation for the propose of gathering evidence for a criminal trial 2.exhumantion to affirm or disaffirm case of death in connection to an insurance policy 3.exhumation and re interment in another place to provide access for public streets 4.reinternment in another location due to survivors dissatisfaction which original location

1,2 and 3

if a person dies testate or interstate a prudent FD will insure that a solvent party has a legal obligation to pay for the funeral. the FD will look to which of the following payment. 1. fiancee 2.the estate 3.probate court 4.legatees 5.surviving spouse 6. government

2,5,6

the family members of a deceased disabled individual may bring suit against the FH that refuses to embalm the body or offer funeral services to the individual who has died from aids or other contagious disease as a violation of the

ADA

college funeral home does 3000 funerals each year. the business is split 50/50 between traditional full adult funerals with embalming, dressing, cosmetizing and casketing. the other half is cremation with typical ID viewing in an alternative container suitable for cremation. is it permitted under the funeral rule for college FH to have a burial casket price list and separate cremation casket container price list?

NO

John Jones an only son comes to college funeral home to make arrangements for his dad. His mother passed 10 years ago and used the same funeral home. john sits down with FD Gary and looks overthe plans. he agrees to proceed with his fathers stated wishes. at the end of the at-need conference FD Gary presents him with a contract for 6,500. The son is astonished. He thought his father had taken care of everything. John executed what type of pre-need wishes?

Pre-planned

a a cortge a FD is not liable for breach of contract when the negligent driver is

a volunteer driver

the extinction of withdrawals of a legacy by an act equivalent to revocation is called

ademption

when the right of disposition is in question, the funeral director can

advise the family to come to a settlement, or get court ordered instructions

a nuncupative will is

an oral will

when making funeral arrangements in person, the funeral practitioner should give the statement of funeral goods and services selected statement to the consumer

at the end of the arrangements discussion

OSHAS standard that mandates an exposure control plan and that the hep b vaccination be made available to all employees exposed to pathogen falls under the ___ standard

bloodborne pathogen

which of the following is not consistent with the definition of a dead human body?

bones of a skeleton

in the US there are a number of lawful methods of disposition of a dead body. the most common is

burial

casket prices must be listed on the

casket price list

ad addition or modification of a will is known as a

codicil

a carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a

common carrier

30 min after a man visted his mother at a nursing home, she died. the funeral home on record is called (not there yet) to come pick up the mans mother. the funeral home has ___ custody

constructive

the inherent power of a government to take private property for public use

eminent domain

if the FTC funeral rule will not allow the amount of a cash advance item to be lest blank on the statement of funeral goods and services selected, what should the FD do?

estimate the cost of the cash advanced item

which of these mandatory disclosures is written correctly

except in certain special cases, embalming is not required by law. embalming may be necessary, however if you select certain funeral arrangements such as a funeral with viewing. if you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it such as direct cremation or immediate burial

mary had made a paid for pre arrangemns at ABC FH to include embalming for her father who died at home under hospice care. upon his death, the hospice nurse notified ABC FH. the contact between manry and ABC FH is ___

express

pre need trust accounts made between a purchaser, a FH and a bank create what type of responsibility for the FH

fiduciary

one of the categories required to be itemized on the gpl this involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider

forwarding of remains

none of the 16 items required by the rule to be itemized on the gpl can be listed as "free" or "no charge" items not required bythe rule can be listed as

free

preneed funds that are put into a trust fund a/an __ preneed contracts are excluded from an applicants resources when applying for government aid

irrevocable

a person receiving a gift of real estate in a will is a

legatee

the following statement is a/an as required by the rule" charges are only for those items that you selected or that are required. if we are to use any items, we will explain the reasons in writing below"

mandatory disclosure

embalming is a form of

mutilation

another term for autopsy is

necropsy

Does every item of service and merchandise which a funeral home offers for sale have to be listed on the GPL?

no

basic service fee is the only fee which the consumer cannot decline. funeral provider should recover expenses for services, facilities or unallocated overhead in this charge

non declinable service fee

in the event that the price of the futur funeral exceeds the amount set aside to pay for it, the purchaser or the decedents estate will have to make up the balance is a stipulation of

non guaranteed preneed contract

who of the following has the primary right to control final disposition of a deceased man, his 65 year old mother his 22 year old son his 21 year old daughter or his 17 year old son

oldest daughter and son

the method of dividing an intestate estate where a class or group of distributes take the share which their deceased should have been entitled to and not as many individuals is distribution

per stripes

to relieve family of the burden of making arrangements in a time of acute grief, ensures that personal wishes are known; to relieve survivors of financial burden and to reduce assets for Medicaid eligibility are some of the reasons why people choose to make ___ arrangements

pre-need funeral

a decision of a court which is thereafter followed as an example by other courts

precedent

A funeral home's family car is considered a

private carrier

a funeral homes family care or limousine, is considered a

private carrier

which of the following is an example of cash advance

public transportation

when a dead human body is sent to the FH by the next of kin NOK, the NOK is said to have

quasi custody

the "bundle of rights" hat is rendered to the next of kin in relation to the decedents body for the purpose of disposition is termed

quasi-property

An arrangement with a funeral home in advance of need that can be terminated or cancelled by the purchaser

revocable

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided

stare decisis

a person who dies leaving a valid will is called a

testator