Flashcards in Mortuary Law Vocabulary Deck (177):
A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities.
Americans With Disabilities Act (ADA)
One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider after initial services have been provided by another firm at the locale of death. Funeral Rule requires package pricing of this service with a description of the components included.
The legal term for the dead human body.
Service commemorating the deceased with the body present.
Listing and valuation of a decedent's assets by personal representative of the estate.
Where a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
The providing of funds for a funeral in advance of need which are deposited or placed no necessarily in association with a prearranged funeral.
Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.
Degree of Kindred
Life insurance payable in cash to any designated beneficiary for use in any manner chosen, but not necessarily intended to be applied toward funeral expenses. Mostly such insurance is provided by carriers not owned by a funeral home although many funeral homes endorse a specific carrier or plan. When the proceeds of the policy are used to pay for the funeral, the funeral director receives an assignment of the future death benefit. In a few jurisdictions, the funeral director may be named the beneficiary. The funeral arranged can be either guaranteed or non-guaranteed.
A will written entirely by the testator with his own hand.
One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the family (consumer). Funeral Rule requires package pricing of this service with a description of the components included.
Forwarding of Remains
A place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies.
A man who has been appointed by the court to settle an estate.
The international failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
A secured loan on a parcel of real estate.
Enactments by an administrative body within the jurisdiction of that agency.
Rules and Regulations
A man who makes a valid will.
Itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and total cost.
Statement of Funeral Goods and Services Selected
Between two or more states.
An action to recover possession of personal property.
None of the 16 items required to be separately itemized on the GPL can be listed as these or listed as no charge. Items not required by the rule can be listed as this.
An addition or amendment of a last will and testament executed with the same formality as the will.
The state or condition of dying without having made a will.
Provision in a deed limiting the use of property and prohibiting certain uses.
An instrument in writing authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.
General Power of Attorney
Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service.
One who inherits real estate under a will.
An agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.
Federal Trade Commission (FTC)
One who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has right to control the funeral does so on behalf of all survivors.
The method of dividing an estate where a class or group of distributes take the share which their deceased would have been entitled to had the deceased survived.
The absence of all vital signs.
Clinical Death (Legal Death)
Rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.
Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made; a contract whereby both parties should recognize that any breach will usually cause anguish.
Personal Service Contract
An instrument executed with required formality by a person making disposition of their property to take effect upon their death.
A person or firm who contracts to have available funeral services and/or merchandise. May or may not be a provider.
A law passed by a municipal governing body (e.g. zoning, building, safety ordinances, etc.)
The omission or cancellation of an instrument, act, license, or promise.
The extinction or withdrawal of an inheritance because the decedent did not own the property at the time of death.
Funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information.
Telephone Price Disclosure
In the Uniformed Anatomical Gift Act defined as organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transportation. After removal of a body part, without unnecessary mutilation, the custody of the remainder of the body rests with the person who otherwise has the right to control final disposition.
The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will.
Those who transport only in particular instances and only for those the chose to contract with funeral home vehicles and livery; as opposed to common carrier.
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use of appearance of buildings.
A set or moral principals or values governing individuals or groups; conforming to accepted professional standards of conduct.
Those drives under the directions and control of the funeral establishment which is liable for the driver's negligent actions.
A woman who makes a valid will.
Refers to the Federal Trade Commission.
A funeral arrangement made prior to need involving the written specification of what is desired, as well as the possible selection of merchandise. It does not involve payment of money.
Failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).
Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity.
A term used in reference to any aspect of prearranging, prefunding, or preplanning. It encompasses the entire subject.
The removal of dead human remains previously buried in the earth.
Any person, partnership, or corporation that performs cremation and sells funeral goods.
This form of insurance is fading fast from the funeral scene. It is life insurance payable in merchandise and service or as a credit toward merchandise and service, with a lesser benefit often payable in cash when the person dies and final disposition occurs outside the service area of the funeral establishment that services that burial association.
Person who represents and administers the estate of deceased persons i.e. executors and administrators.
A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.
A person who receives personal property from another as a bailment.
Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or removal societies for members of their group.
Alternative Price Lists
A law enacted by a federal or state legislative body.
The act of placing the dead human body in the ground.
That body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders and decisions. (OSHA, FTC, state Board rules).
Non-legislated principles and rules of action predicted upon usages and customs.
A document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to make decisions regarding his/her medical treatment.
A man appointed by the will of the deceased person to carry out the provisions thereof and settle the estate.
The cessation of life, permanent cessations of all vital functions and signs.
Funeral director becomes legal protector of a dead human body from the time of removal until final disposition.
The condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.
A public officer whose duty it is to investigate cause of death when the question of accident, suicide or homicide may be evident where there was no doctor in attendance; An official elected or appointed to investigate suspicious or unnatural death.
Any altering or change made to a dead human body from the time of death, other than by natural causes.
The method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent.
Ceremony commemorating the deceased without the body present.
These synonymous terms indicate that the funeral which has been prearranged and prefunded, will be provided whether or not the funds entrusted plus any accrual on them are sufficient to pay for the funeral selected regardless of its price at the time death occurs.
Fixed Price (Guaranteed Price)
An official of a local community who holds inquests concerning sudden, violent, and unexplained deaths.
Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.
An estate in which the assets exceed the liabilities.
A person engaged in learning the practice of funeral directing and/or embalming under instruction, direction or personal supervision of a duty licensed funeral director and/or embalmer.
Apprentice (Intern, Resident Trainee)
Printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices. Considered the keystone of the Funeral Rule.
General Price List (GPL)
Provides transportation for compensation only to those with whom it desires to do business.
A fictional contract created or implied by a Court for a person who is unable to contract for himself (i.e. medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment. Function is to raise obligation in law where in fact the parties made no promises.
The placing of a remains in a crypt in a mausoleum.
The inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
A dead human body intended solely for scientific study and dissection.
A claim or charge against property for payment of some debt. (There cannot be one against a dead human body for it is not property).
The relationship existing between two states whereby each extends privileges of licensure to licensees of the other state.
The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber.
The attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same. To stand by things decided.
Doctrine of Stare Decisis (Stare Decisis)
Goods which are sold or offered for sale directly to the public for use in connection with funeral services.
Statements required by the Rule which cannot be modified or edited and must appear in a clear and conspicuous manner.
A court having jurisdiction over estates.
Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering. Must include retail price and enough descriptive information to enable consumers to identify the merchandise.
Casket Price List (CPL)
The inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
Date that the specific price list was put into use.
Law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
A proportional reduction of a legacy under a will when assets out of such legacy are payable and not sufficient to pay it in full.
One's relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not a kin).
Responsibility for wrongful acts or other debts.
Contracts which are such provide that when death occurs and the funeral is conducted by a firm other than the one with which there is a contract, the contract and funds will be transferred to the other establishment to be fulfilled.
Portability of Contract
Ceremony commemorating the deceased at place of final disposition.
Act, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location of manner in which it is operated.
Nuisance in Fact
Basic services, not to be included in prices of other categories, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
Services of Funeral Director and Staff
Monies deposited for a funeral arranged and contracted for in advance of need. Said funds earn interest which could offset the effect of inflation on the price of the selection made. The contract could be either guaranteed or non-guaranteed.
A model law to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code
Unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.
Appellate court decisions that establish precedented principles.
Death of a product of conception prior to the complete expulsion or extraction from its mother.
An act showing inherent baseness of vileness of principle or action; shameful wickedness; depravity.
A law permitting a person of legal age and sound mind to give al or any part of his body to take effect upon his/her death or gives the right to another.
Uniform Anatomical Gift Act
The estate which passes from the decedent to his/her heirs.
Method of price quotation by which each unit of service and/or merchandise is priced separately.
An instrument in writing authorizing one person to act as agent for another. Revoked on death of principal by operation of law. Can be general (full) or special (limited).
Power of Attorney
One who inherits, or is entitled to receive, property by will or laws intestacy.
Within a state.
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
One who has been invited on the property by the landowner, persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director's services.
Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.
The physical possession of the dead human body.
Actual Custody of the Body
A claim which is not supported by pledge, mortgage, or lien on other assets.
A landowner's use of property which interferes with the public or another landowner's use of his property.
The condition of leaving a will at death.
Improper or negligent professional act by a professional person.
One who intentionally and without consent or privilege enters another's property.
Automotive equipment made available for hire.
Any item or service or merchandise described as "cash advance", "cash accommodation", "cash disbursement", or similar term. Also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. May include, but are not limited to: cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities and death certificates.
Cash Advance Items
A public officer whose duties may include among other things the investigation of death.
Justice of Peace
A governmental body created by legislation empowered to regulate an industry and issue rules and regulations.
Total and irreversible cessation of brain function as indicated by a flat EEG reading.
A rule of action prescribed by an authority able to enforce its will.
A person, properly licensed, who disinfects, preserves, or restores a dead human body.
A wrongful act committed by one person against another person or their property.
A debt which is supported by pledge, mortgage or lien on assets belonging to the debtor.
The property of a deceased person, both read and/or personal.
Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering. This must include retail price and enough descriptive information to enable consumers to identify the merchandise.
Outer Burial Container Price List (OBCPL)
An action in violation of constitution, statutes, or ordinances, e.g. treason, felony, misdemeanor.
Crime (Criminal Act)
Occurrence of situations that require certain action. i.e. for giving out the GPL this is the face-to-face meeting.
A governmental agency with environmental protection regulatory and enforcement authority.
Environmental Protection Agency (EPA)
Basic services is the only fee which the consumer cannot decline (unless state or local law requires otherwise.) Funeral providers should recover expenses for services, facilities or unallocated overhead in this charge.
Non-Declinable Service Fee
The property of a decedent that is subject to administration by the executor or administrator of an estate.
The complete expulsion or extraction from its mother of a product of conception which, after such separation, breathes or shows any other evidence of life.
Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwords reduced to writing (not valid in all states).
Exists when a person executes a power of attorney which will become or remain effective in the event he or she should later become disabled.
Durable Power of Attorney
A woman who has been appointed by the court to settle an estate.
That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies.
Any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners.
Outer Burial Container
A gift of real estate made by will.
The body of dead human being, deprived of life, but not yet entirely disintegrated.
Dead Human Body (Corpse)
Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.
Situation requiring immediate action or urgency. FTC recognizes that funeral providers might embalm without permission.
A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees.
Occupational Safety and Health Administration (OSHA)
A law passed by a municipality by virtue o the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality.
Any fundamental or important law of edict.
A legal process used by one wishing to collect a debt from an estate.
Mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.
Charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider.
Casket Handling Fees
The process where the estate of a decedent is administered.
A place where dead human bodies are kept until identified and/or released for final disposition.
Funeral goods consumers purchase from a source other than the price list/funeral provider.
Third Party Merchandise
Use of a single dollar amount to identify the charge for a group or bundle of goods and/or services.
One who inherits personal property under a will.
A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
Soldiers and Sailors Will
The occupier of a house; one who owns or controls real estate where a death occurs.
Prearrangements for a funeral and payment for it at the time of prearrangement or an installment basis.
Prearranged and Prefunded
You can put property in this while you are still alive. When you die, the property automatically goes to your heirs without going through probate court which can be very time consuming and expensive. You can revoke this at any time if you change your mind.
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.
The conclusive performance of services with respect t the dead human body.
That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.
Mortuary Law (Mortuary Jurisprudence, Funeral Service Law)
Those drives not under the direct control of the funeral director.
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc.).
Forfeiture of a decedent's property to the state in the absence of heirs.
A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract.
Act, 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.
Nuisance Per Se
A decision of a court which is thereafter followed as an example by other courts.
A person properly licensed, engaged in, or conducting, or holding himself out as being engaged in: 1) Preparing, other than by embalming, for the burial or disposition of dead human bodies; 2) maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies.
An act with complete disregard for proper conduct which transcends the bounds of common decency.
A gift of personal property by will.
Any services which may be used to (1) care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies.