Funeral Director Rights, Custody, and Legal Responsibilities in Mortuary Law

What is the difference between actual custody and constructive custody in the context of a deceased individual?

Actual custody refers to the Funeral Director having physical possession of the deceased, while constructive custody refers to the next-of-kin having the authority and right of final disposition.

What are some examples of breaches of contract that a Funeral Director may commit?

Examples include negligent embalming, negligent funeral directing, failure to supervise, not honoring requests, and defective merchandise.

What are the consequences of gross negligence in the context of funeral services?

Gross negligence can lead to punitive damages, as it involves willful, reckless, or outrageous conduct.

What constitutes negligent funeral directing?

Negligent funeral directing includes failure to supervise, notify, honor requests, and not sufficiently safeguarding the body.

What control does the Funeral Director have under the funeral contract?

Once decisions are made, the Funeral Director has full control of the funeral and should not influence family decisions.

What is required for punitive damages to be awarded in cases of mental anguish?

Punitive damages must be based on gross negligence, which is willful, reckless, or outrageous conduct, beyond simple negligence.

What are the two sources of rights and duties for a Funeral Director (FD)?

Rights and duties are granted by statutes and regulations, and by licensure and laws, as well as by the funeral contract.

What authority does the Funeral Director assume when a funeral is ordered?

The Funeral Director may assume that the party ordering the funeral has the right to do so, based on apparent authority.

What is the expected standard of care for a Funeral Director?

The expected standard of care includes properly supervising, notifying, and honoring requests related to funeral services.

What types of mental anguish can arise in the context of funeral services?

Types of mental anguish include intentional, contractual breach, and negligence.

What does it mean for a Funeral Director to be called a 'custodian'?

A Funeral Director is called a 'custodian' when they have actual custody or physical possession of the deceased.

What should a Funeral Director avoid when making funeral decisions?

A Funeral Director should avoid making decisions for the family or trying to influence their decisions.

What is the implication of having 'apparent authority' in funeral services?

Apparent authority allows the Funeral Director to assume that the person ordering the funeral has the right to do so.

Who has the right to have actual custody of the deceased?

The next-of-kin has the right to have actual custody of the deceased, even if another party has physical possession.