Funeral Service Law: Questions and Answers, Exams of Law

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Funeral Service Law questions with correct

answers

who has the final right to control final disposition as a general rule of priority? Correct Answer-1) surviving spouse, 2) next of kin in order of relation to the decedent: children of proper age, parents, brother/sister, more distant kin based on special relationships/circumstances if there is no will, the property and holdings of a deceased person will be distributed according to law, and an administrator/personal representative will be appointed by the? Correct Answer-court in legal terminology, a dead human body is considered what type of property? Correct Answer-quasi-property personal effects and clothing of the deceased are best accounted for by using a? Correct Answer-personal effects form a good business practice in funeral arrangements is to? Correct Answer-have a written contract the next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a? Correct Answer-bailor state regulation of funeral services for the health and welfare of citizens is an example of a state's? Correct Answer-police power the funeral director who has physical possession of a dead human body is said to have what type of custody? Correct Answer-actual custody

in a cortege, drivers who are under the control of the funeral director are legally referred to as? Correct Answer-agent drivers although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have what type of custody? Correct Answer-constructive custody as a funeral director, the oly people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of Correct Answer- your staff a practitioner serves a family and provides both services and merchandise. the state requires the funeral home to pay 4% sales tax on merchandise. prices are as follows: services-$2000, casket-$2250, vault-$1600. how much sales tax does the funeral director pay to the state? Correct Answer-$154. Primary Purposes of the Funeral Rule Correct Answer-1. Give consumers the right to select the funeral goods and services they wish to purchase.

2. Provide consumers access to detail, itemized price information prior to purchase decision.
3. To prevent misrepresentation and other unfair deceptive practices in the sales of goods and services. GPL must have: Correct Answer-Funeral Home's: name address, phone number, words "General Price List"

effective date of GPL Six required disclosures on GPL: Correct Answer-1. Consumer's Right to Select only the goods and services they desire.

2. Embalming
3. Basic Services Fee
4. Casket Price List
5. Outer Burial Container Price List
6. Alternative Containers for Direct Cremation CPL should provide a brief description of what: Correct Answer-exterior construction and interior lining. 16 required itemized prices on the GPL Correct Answer-Basic Service of the Funeral Director and Staff, Embalming, Other Preparation of the Body, Service and Facilities for Viewing, Service and Facilities for Funeral Ceremony, Service and Facilities for Memorial Services, Services and Equipment for Graveside Services, Transfer of Remains to Funeral Home, Hearse, Limousine, Casket Price Range, OBC Price Range, Forwarding Of Remains (Ship Out), Receiving of Remains (Ship In), Direct Cremations, Immediate Burial. Mandatory disclosures should: Correct Answer-Appear in italicized print, appear in exact wording on sample model, be printed clear, should not appear in smaller type than other printed materials on the GPL. Misrepresentations include: Correct Answer-Embalming Casket for Direct Cremation OBC Preservative and Protective Value Claims

Cash Advance Items Misrepresentation about Embalming Correct Answer-*Embalming is not required, except in special circumstances. Violation of the Rule if: Direct Cremation Immediate Burial Refrigeration is available and there is to be a funeral with no viewing and there is a closed casket. Misrepresentation about casket for Direct Cremation Correct Answer-It is prohibited that a FD says that state or local law requires a casket for direct cremation. An alternative container or unfinished wood box can be used. Misrepresentation about OBC's Correct Answer-Violation if OBC is not required by the cemetery. Violation if FD states that it is law. FD should obtain updated rules and regulation of local cemeteries so that they are knowledgeable. Misrepresentation about making Preservative and Protective Value Claims Correct Answer-Cannot make any representations to consumers that funeral goods and services will delay the natural decomposition of human remains for a long term or an indefinite time. You cannot tell consumers that funeral goods have protective features or will protect the body from gravesite substances. Cash Advance Items Correct Answer-Must tell the consumer that the price is not the same as your cost if you mark up cash advance items.

*The rule does not prevent you from adding a service charge, nor does it require you to disclose the amount of that charge. Individual Ethics (Personal Standards) Correct Answer-Culture Theism/Non-Theistic Citizenship Family Relationships Personal Standards Correct Answer-the basis of where or how we develop our personal ethics. Culture Correct Answer-the abstract patterns of and for living and dying,which are learned directly or indirectly. Rules, ideas and beliefs that are shared by members of society. Citizenship Correct Answer-the character of an individual viewed as a member of society Family relationships Correct Answer-how individual acts and reacts with members of their families. Individual Ethics (Professional Standards) Correct Answer-Service to the community Welfare of the profession Honesty and Integrity Professional Standards Correct Answer-what is considered when developing individual professional ethics

Service to the community Correct Answer-look at it as giving back to the community Welfare of the Profession Correct Answer-must feel a commitment to the profession in order to promote it. Honesty Correct Answer-upright and fair dealing Integrity Correct Answer-fidelity to moral principles; soundness of moral character FD must be prepared to provide the same service to every family that enters the funeral home regardless of: Correct Answer-Race Religious Beliefs Personal Preference Medical Circumstances Order of who has primary right of disposition Correct Answer-1. Deceased wishes

2. Spouse
3. Adult Children
4. Parents
5. Siblings Disclosures on Funeral Contract Correct Answer-Price of funeral and list of service/merchandise Price of each supplemental item of service or merchandise Cash advances made by FD on behalf of the person making arrangements

Method of Payment Factors that Affect General Rule Correct Answer-Wishes of Decedent, Special Relationship, Waiver Statutory Duties for the FD: Correct Answer-Death Certificate Burial Permit Transit Permit Contractual Obligations Correct Answer-*Responsibility of an Embalmer to perform the duties involved in embalming. Use skills and standard of care in the art of embalming. *Safeguard the body: funeral home may be liable for bodies in their care. *Privacy: FD can be held liable for breach of contract for failing to comply with the survivor's request for confidentiality regarding death. *Defective Merchandise *Transportation Aftercare Tort Correct Answer-wrongful act committed by one person agains another person or his property. Tort Liability Correct Answer-Do not interfere with the right of burial (FH can not refuse to release a body for payment and can not do anything about loss of a body to another funeral home) *Duty of exercising reasonable care to keep the FH premises in safe condition.

Mental Anguish Correct Answer-suffering resulting from grief, severe disappointment, wounded pride, shame, etc. usually accompanied by physical injury or by an outrageous intention or grossly negligent act. Punitive Damages Correct Answer-Awarded by a court to a plaintiff not to compensate the plaintiff for damages suffered, but to punish the defendant. Cremation Correct Answer-process of reducing human remains to basic chemical compounds in the form of gases and bone fragments. Best practices for reducing liability exposure for cremation services: Correct Answer-Obtain authorization from proper person. Use a Cremation Authorization Form that discloses official elements of cremation. Cremate the correct person. Ensure the identitiy of the decedent throughout the process. Remove medical devices, jewelry, and personal items prior to cremation. Ensure that a decision concerning final disposition is agreed upon. Have in place procedures for handling and storing of unclaimed cremains. Take extra precaution when using a non company owned, outside crematory. Purposes of Cremation Authorization Form Correct Answer-Documentation in writing the consent to cremate. Authority of the agent authorizing the cremation. Identity of the decedent and information on medical devices. Personal effects and disposition of cremated remains.

Cremation Authorization Form Correct Answer-a written permission from the person who is legally authorized to control disposition that authorizes the contracting cremation provider to cremate a person's body. Faxed Cremation Authorization Form Correct Answer-Should be notarized original should be received before proceeding copies to license to verify signature court order Correct Answer-an official proclamation by a judge that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of steps by one or more parties to a case. Basic information that form must contain: Correct Answer-Name, Address, Relationship to Decedent Due diligence Correct Answer-prudence, attentiveness, care; a measure of prudence, activity or constant personal attention, as is properly to be expected from, a reasonable and prudent person under the circumstances. Request from crematory once a year Correct Answer-State crematory license or permit policy and procedure manual for crematory membership certificates list of crematory operators employed and their certification at crematory copies of liability insurance policies copies of cremation authorization, release, and receipts form copies of any state inspection reports to the crematory

copies of the most recent maintenance/inspection reports or logs used internally by the crematory for its equipment Interview crematory management and topics should include: Correct Answer-who owns the crematory, what experience does the current owner have running crematory, how many employees, what experience and training is required of operator, who conducts the training Americans with Disabilities Act Correct Answer-purpose is to provide disabled individuals with full use and enjoyment of "public accommodations" First priority of ADA: owner should provide access to the facility from public sidewalks, parking facilities and public transportations. Correct Answer-Erect permanent ramps, widen entrance doorways, make curb cuts and designate parking areas. Second priority of ADA: provide access to areas of the public accommodation where goods or services are made available to the public. Correct Answer-Access to chapels and visitation areas, arrangement office, or selection room. Wheelchair access: shelves, furniture, sale items should be repositioned so sales items can be displayed to those who are not standing. Third priority of ADA: establish access to restroom facilities Correct Answer- Doors, toilet stall areas should be widened, toilet seats raised, grab bars installed, paper towels dispensers lowered and full length mirrors installed.