Funeral Service Law Ch3

Secured claim

Adebt which is supported by a pledge, mortgage or lien on assets belonging to the debtor. The funeral home had a secured claim on the elderly couple's funeral services because it was backed by a pre-paid funeral plan.

Pre-planned funeral arrangements

Funeral arrangements made in advance of need that do not include provisions for funding or prepayment. A young women was worried her family wouldn't fulfill her funeral wishes therefore she made some preplanned funeral arrangements.

Prefunded funeral arrangements

Funeral arrangements made in advance of need that include provisions for funding or prepayment. An elderly couple came into the funeral home to ask about prefunded funeral arrangements because they did not want their children to worry about the expenses.

Kin

One's relatives collectively; referring to blood relations (legally, the surviving spouse is not a kin). The deceased's two only living kin fought over the right to decide the disposition.

Degree of kindred

Relationship of decedent to blood relative. The funeral director was having trouble figuring out the degree of kindred to the decedent to determine who had priority to decide on disposition.

Liability

Responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable. The funeral home has the liability to ensure that the funeral service and disposition requested by the next of kin is carried out and follows all legal guidelines.

Custodian

Status associated with funeral service practitioner and funeral establishment who becomes legal protector of dead human body from time of removal until final disposition. The funeral director become the custodian of the corpse once it was received and handled all the preparations for the viewing and cremation.

Quasi- property theory

The accepted theory of the legal status of a dead human body; rights associated with body are as if it were property for the purpose of disposition only. The funeral director explained quasi property theory to his intern asking if a dead human body was the property of the family.

Corpse (dead human body)

The body of a dead human being, deprived of life, but not yet entirely disintegrated. The funeral home received a corpse that was severely decomposed.

Death

The cessation of life; permanent cessations of all vital functions and signs. After the sudden death of his daughter the funeral director helped a grieving father plan her funeral.

Police Power

The inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens. The government uses it's police power to regulate funeral homes, ensuring they are in compliance with relevant laws and regulations.

Brain Death

Total and irreversible cessation of brain function as indicated by a flat EEG reading. The mother was told her son suffered from brain death therefore she contacted a funeral home to make arrangements.

Unsecured claim

A claim which in not supported by a pledge, mortgage, or lien on other assets. The funeral home had an unsecure claim on the elderly couple's funeral services because it did not have a contact and is now not consider a priority to receive payment for the deceases estate.

Preferred claim

A claim, which is accorded a priority, advantage, or privilege. The funeral expenses are the preferred claim to be paid before any other debts or claims.

Cadaver

A dead human body intended solely for scientific study and dissection. The medical school contacted a funeral home to cremate the cadaver they no longer needed.

Quasi contact

A fictional contact created or implied by a court for a person who is unable to contract for himself (e.g., medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment. The funeral home and family had a quasi-contact because they did not enter a formal contract or made formal arrangements but still provided services for the decedent under certain circumstances.

Contract

A legally enforceable agreement. The funeral home and next of kin came to an agreement on arrangement and disposition therefore they entered a contact to exchange money for services.

Guardian

A person appointed by the court to administer the affairs of another person who is incompetent by virtue of age or legal disability. An old woman was accompanied by her guardian at the funeral agreement because she was suffering from dementia.

Funeral director (funeral service practitioner)

A person properly licensed, engages in, or conducting, or holding himself/herself out as being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies. The family was very appreciative of the funeral director who oversaw and coordinated their loved ones funeral.

Will

An instrument executed with required formality, by persons making disposition of their property to take effect upon their death. During the arrangement the family had a will containing the instructions for the funeral arrangement and disposition of their loved one.

Priority

The order in which claims will be paid when there are insufficient assets 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. The spouse was given priority to decide the final disposition of her husband because they were legally married.

Estrangement

The physical and/or emotional separation for period of times showing the lack of affection, trust, and regard. The sister did not want her estranged brother involved but the funeral director needed his approval and signature to perform the cremation.

Actual custody

The physical possession of the dead human body or other property. Prior to a funeral service the funeral home would need actual custody of the dead human body to proceed.

Estate

The property and debts of a deceased person, both real and/or personal. The funeral home was waiting on payment from the deceased's estate to pay for the funeral they performed a month ago.

Constructive custody

The situation whereby one party has a right to acquire actual custody and possession of the dead human body although another party has actual physical possession. The funeral home had construction constructive custody because they were making decisions on the behalf of next of kin.