Funeral Service Law: FSL Right to Control Disposition

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Cadaver

a dead human body intended solely for scientific study and dissection

Embalmer

a person, properly licensed, who disinfects, preserves, or restores a dead human body

Kin

one's relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not a kin.)

Body part

organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body

Degree of kindred

relationship of decedent to blood relatives

Preparation Room

that portion or location in a funeral establishment specifically designed and equipped for embalming and otherwise preparing dead human bodies

Quasi-property theory

the accepted theory of the legal status of a dead human body. Rights associated with the body are as if it were property for the purpose of disposition only.

Burial (interment/inhumement)

the act of placing the dead human body in the ground

Dead human body (corpse)

the body of a dead human being, deprived of life, but not yet entirely disintegrated

Death

the cessation of life; permanent cessations of all vital functions and signs

Priority

the order in which claims will be paid when there are insufficient asset to pay all of the claims, or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body

Estrangement

the physical and/or emotional separation for a period of time showing the lack of affection, trust and regard

Constructive Custody

the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.

Brain death

total and irreversible cessation of brain function as indicated by a flat EEG reading

Actual custody

the physical possession of the dead human body or other property

Funeral Service Practitioner (Funeral Director)

A person properly licensed, engaged in or conducting or holding himself/herself out as being engaged in: preparing, other than embalming, for the burial or disposition of dead human bodies, and/or maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies

Will

An instrument executed with required formality by a person making disposition of their property to take effect upon their death.


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