Mortuary Law & Ethics Chapters 7, 8 & 9

What are the 10 provisions that the cremation consent form documents in writing?

1. Identification of the decedent. 2. Identification of authorizing agent. 3. The authority of the the authorizing agent. 4. Information on medical devices. 5. Authorization to cremate, process & pulverize. 6. Disposition of personal property. 7. Instruction of final disposition. 8. Authority to dispose of unclaimed cremains. 9. Certification & indemnification. 10. Recycling metals.

What should be on the checklist that the funeral home is using for inspection?

1. If the crematory has posts it's licenses and permits. 2. If he operators are dressed appropriately and are conducting business in a proper manner. 3. If the facilities are neat, clean and orderly. 4. If the remains awaiting cremation are held in a dignified and clean holding area. 5. The operational condition of the retort, processing equipment and refrigeration unit. 6. If crematory log and equipment maintenance schedules are up to date.

What should funeral homes do about problems observed during inspection?

1. Note it on the inspection checklist. 2. Raise those concerns in writing with the crematory management. 3. Make sure the problem is remedied.

What what are the 3 reasons that the law in principle abhors disinterment?

1. Respect for the human desire not to have ones remains disturbed. 2. The sentiment of survivors. 3. The protection of public health.

What is the last and mist important step in the due diligence process?

An unannounced inspection during normal business hours.

Who enforces zoning regulations?

Municipalities

Example of Private Purpose.

Relocation of the decedent, a mistaken interred body in the wrong plot.

Who has the power to seek an exhumation?

The state, courts grant enforcement officers the right to exhume if required for criminal investigations or trials.

Who has the primary right to seek disinterment for private purposes?

The surviving spouse and/or next of kin.

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What is the expected cremation rate in 2015?

What is the key to protecting the funeral home from liability when it comes to cremation?

A detailed cremation authorization form.

On the cremation form what does the authorization to cremate, process & pulverize cover?

A detailed description of the cremation process including pulverizing so that the authorizing agent is giving informed consent to the process.

Define funeral home

A fixed place for the conducting of funerals and/or for the care and preparation of the dead prior to disposition.

Define nuisance in fact.

Acts, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated.

Define nuisance per se

Acts, occupations or structures which are nuisances at all times and under all circumstances; it may be prejudicial to public morals, dangerous to life, or injurious to public rights

An unauthorized disinterment is...

An indictable offense under statue and common law to disinter without proper authority regardless of the purpose or motive.

Define Nuisance

An invasion of a landowner's interest in the reasonable use and enjoyment of his land. Or An unreasonable, unusual, or unnatural use of one's property so that it disturbs the peaceful, quiet and us disturbed use and enjoyment of nearby property.

Why does cremation increase the legal liability of funeral directors?

Because cremation is an irreversible process and mistakes made by funeral directors cannot be undone.

On the cremation form how is the authorizing agent identified?

By providing their name, address, and relation to the decedent.

If there are no statutory regulations governing the procedure, what laws are followed?

Case Law

Which needs a stronger burden of prof, civil or criminal?

Civil.

On the cremation form what does identification of the decedent entail?

Decedent's name, address, SSN, place, time, and date of death. That the authorizing agent or their representative has personally identified the decedent.

Definition of Public Interest?

Exhumation is normally made for evidently purposes, either criminal or civil cases.

What are funeral directors doing in response to the growing trend of cremation?

Expanding goods and services they offer since cremation can be a meaningful part of a funeral service and opens up new options and services for the family and the funeral director.

What is the purpose of the certification and indemnification provision on the cremation form?

For the authorizing agents to certify the accuracy of the information on the form. This indemnifies the funeral director if any information on the authorization is incorrect.

What determines if a business is a funeral home?

Generally, if dead bodies are taken to the establishment for preparation prior to burial or other disposition, or if funerals are conducted at the establishment (other than a religious establishment or public hall).

Why is it important to disclose medical devices on the cremation form?

If the decedent has a medical device such as a pacemaker the authorizing agent needs to disclose that and authorize its removal. Certain medical implants may explode in the retort.

What are the three things funeral homes should interview third party crematories about?

Information on... 1. Personnel 2. Facilities 3. Operations

With case law the interested party must?

Make an application to the court of equity who determines whether to grant the application for disinterment.

Who enforces the public accommodations section of the ADA?

May be enforced by either the U.S. Attorney General's office or private individuals.

What is the general public policy for disinterment?

Most jurisdictions are against it, a court will usually not order a disinterment unless it is necessary and that the interest of justice requires it.

What agency is responsible for safe working conditions in a funeral home and other businesses?

Occupational Safety and Health Administration

What gives the authorizing agent authority?

On the cremation form they sign that they have the paramount right to authorize cremation, or if another person holds that right the. The authorizing agent list that person and certified that they were unable to contact that person and have no reason to think that they would be opposed to cremation.

With a third party crematory, what 8 records should the funeral home request, and how often?

Once a year a funeral should request... 1. State license or permit. 2. Policy and procedure manual. 3. Membership certificats from the BBB,CANA,etc. 4. List of crematory operators and their certifications. 5. Copies of liability/profession liability insurance policies. 6. Copies of the authorization, release & receipt forms used. 7. Copies of any state inspection reports. 8. Copies of any recent maintenance/inspection reports and logs used internally by the crematory.

Can the person with paramount right of disposition have the body disinterred?

Only if other relatives don't protest it or opinion there is strong convincing evidence that persuades the court of equity that a disinterment is required by justice.

What should the final interview topic cover?

Operations: a detailed explanation of all steps taken, From the time the body is received until the time that the cremated remains are delivered by the crematory.

Define disinterment

Removal of a dead body or remains from its place of repose after disposition has been completed. For burial- digging up, for ashes- removal from their repository.

How does having disposition of personal property on the cremation form help funeral directors avoid liability?

So that they receive information on what will and will not remain on the body for cremation, how items taken off before cremation will be disposed of.

How should the funeral home document interviews of Hurd party crematories?

Take written notes

What grounds are insurance exhumations permitted under?

That the possible existence of fraud should not be protected by the rule forbidding disturbance of the dead.

What should a funeral director do if they have doubts about the proper authorization of a disinterment?

They should not participate in the disinterment until they have been assured that it has been legally authorized.

What is another reason to disinter? (Related to insurance)

To affirm or disaffirm a cause of death in connection with an insurance policy.

What is the purpose of having the "instructions of final disposition" provision on the cremation form?

To avoid mis-delivery of cremate remains. If they are to be shipped the funeral director must obtain permission to ship them through a delivery service that has the ability,it's to trace the package and required a written receipt from the recipient.

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What was the cremation rate in 2009?

26%

What was the cremation rate in the year 2000?

39%

What was the expected cremation rate in 2010?

What are situations where a body disinterred and reinterred in a different place?

1. Family wants their loved one closer to their new place of residence. 2. Provide access for public streets. 3. If they constitute a threat to public health (such as the possibility of contamination of well water).

What are the four factors that have increased cremation?

1. Relocation of the elderly to Florida, Arizona, an other areas in the sunbelt. 2. Growing acceptance of cremation by the public. 3. The influx of immigrants from cultures that prefer cremation. 4. A higher level of education in the American public.

What 3 things determine if a barrier removal is readily achievable?

1. The cost and nature of the removal. 2. The overall financial resources of the business, the number of people employed at the site, the expense of instituting the removal, and the impact it will have on the operation of the business. 3. If there is a parent company, the overall resources of the parent. If you're owned by a firm you can probably afford it.

What are the 9 factors courts look at when deciding if there is reasonable cause for disinterment?

1. The degree of the relationship that the party seeking disinterment bears to the decedent. 2. The degree of the relationship that the party seeking to PREVENT the disinterment bears to the decedent. 3. The express wishes of the decedent. 4. The conduct of the persons seeking disinterment, especially as it relates to the circumstances of the original interment. 5. The conduct of the persons seeking to PREVENT the disinterment. 6. The length of time elapsed since the original interment. 7. The strength of reasons offered in favor and in opposition. 8. The integrity and compassion of the persons seeking disinterment to provide a secure and comparable new resting place for the decedent. 9. The rights and principals of the religious body or institution which grants the right for the original interment.

What are the two principle grounds that disinterment would be authorized by law?

1. The public interest- usually involves disinterment of the body and it's reinterment in the same place. 2. The private purpose- generally involves disinterment and reinterment at another place.

What are 4 reasons a family may request disinterment?

1. The surviving spouse or next of kin is dissatisfied with the place of interment. 2. A family may seek to move the body if they relocate to another area and desire a closer place of interment. 3. If they body was mistakenly interred in a cemetery plot not owned by the family. 4. If the cemetery is abandoned or in disrepair the court will allow disinterment.

What 5 topics should be covered in the third party crematory interview?

1. Who owns the crematory. 2. What experience does the current owner have in running a crematory. 3. How many employees are there. 4. What experience and training is required of the operators. 5. Who conducts the training.

If employing a third party crematory, what are the three main things the funeral home should do to protect itself from liability?

1 crematory records request. 2. Interview of crematory management. 3. Crematory inspection.

What does the usual procedure of disinterment require?

1. A written application made by the next of kin to the trustees of the cemetery. 2. A funeral director is usually required to be in attendant. 3. Restrictions may be placed on disinterment by the state for public health reasons.

What 3 pieces of equipment should you ask about, what should you ask?

1. Crematory retort. 2. Processing equipment. 3. Refrigeration equipment Ask about the equipments..... 1. Age 2. Condition 3. Service schedule

What is the second priority for removing barriers to disabled individuals?

Is for the building owner to provide access to areas of the public accommodation where goods and services are made available to the public. Ex. Access to chapels, arrangement offices, etc.

What is the first priority for removing barriers to disabled individuals.

Is for the owner to provide access to the facility from public sidewalks, parking facilities and public transportations.

What is the third priority for removing barriers to disabled individuals?

Is to establish access to restroom facilities.

What is the purpose of the ADA act?

Is to provide disabled individuals with full use and enjoyment of public accommodations.

What is the final priority for removing barriers to disabled individuals?

Is to take any other. Ensure needed to insure access to goods, services and the facilities of the public accommodation.

What does the provision for authority to dispose of unclaimed cremains do?

It allows the funeral director to lawfully dispose of he cremated remains if they aren't claimed within a certain period of. (May be from 60 days to one year)