Funeral Service Law and Ethics Flashcards

A family is arranging a funeral for a deceased individual who left no written instructions for the disposition of their remains. A dispute arises between the surviving spouse and the adult children regarding the choice between burial and cremation. According to the general priority of the right of disposition in most U.S. jurisdictions, who has the ultimate authority to make this decision?

Answer: The surviving spouse.

In most U.S. jurisdictions, the right of disposition follows a specific hierarchy. The surviving spouse is typically granted the primary right and responsibility to make decisions regarding the funeral and disposition of the deceased's remains, unless a written directive from the decedent states otherwise.

Under the Federal Trade Commission's (FTC) Funeral Rule, which of the following actions is a funeral provider legally required to take when a consumer inquires about services?

Answer: Provide a General Price List (GPL) that itemizes the costs of goods and services.

The FTC Funeral Rule mandates that funeral providers must give consumers a General Price List (GPL) at the beginning of any in-person discussion about funeral arrangements. This list must itemize the costs of all goods and services offered so consumers can choose only what they want.

A funeral home is arranging a service for a family and several attendees are deaf and require a sign language interpreter. According to the Americans with Disabilities Act (ADA), what is the funeral home's primary responsibility?

Answer: To provide and pay for a qualified sign language interpreter as a reasonable accommodation.

The Americans with Disabilities Act (ADA) classifies funeral homes as public accommodations and requires them to provide reasonable accommodations, such as auxiliary aids and services, to ensure effective communication. This includes providing and paying for a qualified sign language interpreter for deaf or hard-of-hearing individuals attending services, unless doing so would cause an undue burden.

Which of the following is a key requirement for funeral homes under OSHA's Bloodborne Pathogen Standard (29 CFR 1910.1030)?

Answer: Developing a written Exposure Control Plan and updating it annually.

OSHA's Bloodborne Pathogen Standard requires employers, including funeral homes, to establish a written Exposure Control Plan. This plan, which must be reviewed and updated at least annually, outlines the procedures and tasks that involve occupational exposure and the methods used to protect employees.

A funeral director is completing a Statement of Funeral Goods and Services Selected. The cost for the certified copies of the death certificate is unknown at the time of the arrangement. How should this be handled on the statement according to the FTC Funeral Rule?

Answer: The funeral director must provide a written "good faith estimate" for the cash advance item.

The FTC Funeral Rule requires that all cash advance items (items purchased from a third party on behalf of the family) be listed on the Statement of Funeral Goods and Services Selected. If the exact cost is not known at the time of the arrangement, the funeral director must provide a good faith estimate of the charge.

A pre-need contract is signed by a client for a guaranteed funeral service package. Years later, at the time of need, the funeral home's prices for the selected services have increased significantly. What is the funeral home's ethical and contractual obligation?

Answer: The funeral home must honor the original price for the guaranteed services and merchandise.

In a guaranteed pre-need funeral contract, the funeral home assumes the risk of inflation and is obligated to provide the specified goods and services at the time of need for the original price, regardless of price increases. This is a core principle of pre-need ethics and law, ensuring consumers are protected from future cost escalations.