Mortuary and Business Law Flashcards

Jem, 65, entered a nursing home; her assets were gone, and the only insurance she had was Medicaid and Medicare. Seven years before, she had bought a $20,000 irrevocable pre-need contract for her funeral. This was an asset that the nursing home accountant tried to seize. Would he be prosperous?

Answer: NO, SSI/Medicaid regulations allow this

Irrevocable pre-need funeral contracts are generally considered exempt assets under SSI/Medicaid regulations. This means the funds placed into such a contract are not counted towards an individual's asset limit for eligibility. Consequently, the nursing home accountant cannot seize these funds, as they are protected by these specific governmental provisions.

Who is responsible for Johnny's funeral when he passes away in a hotel, his wife and son are out climbing in the Alps and aren't approachable, and his minor daughter is at home with a babysitter?

Answer: The Householder: The Hotel Owner

In situations where the immediate next of kin (spouse, adult children) are unavailable or unreachable, the legal responsibility for the disposition of remains often falls to the 'householder' where the death occurred. In this case, the hotel owner, as the householder, would be legally responsible for making initial arrangements for Johnny's body until his family can be contacted.

When Danny's Construction was digging a cellar hole in Ohio, they came across an old graveyard dating back to the 1850s. The graves were moved, but the locals accused the firm of "Grave Robbing." The court decided in the company's favor. Why?

Answer: "The Body is not an everlasting thing, after going through an undefined degree of decomposition , it ceases to be a dead body in the eyes of the law."

This legal principle acknowledges that after an extensive period of decomposition, human remains may no longer be legally considered a 'dead body' in the traditional sense. For graves dating back to the 1850s, the remains would be significantly decomposed, and without identifiable next of kin or clear records, the legal protections afforded to recently deceased bodies may not apply, allowing for their relocation under specific circumstances.

Which of L. Kohlberg's stages of moral development occurs when a person lacks understanding of the laws and a sense of duty to uphold them?

Answer: Pre-Moral stage

Lawrence Kohlberg's Pre-Moral stage (also known as the Pre-Conventional stage) is characterized by an individual's moral reasoning being primarily driven by self-interest and the avoidance of punishment or desire for reward. At this stage, there is a lack of understanding of societal laws and a sense of duty to uphold them, as moral decisions are based on personal consequences rather than abstract principles or social contracts.

The complaint was filed 20 years after the funeral home stole the defendant's wedding ring, and the most likely reason it was "Throwed out of Court" was?

Answer: The Statute of Limitations

The Statute of Limitations sets a legal time limit within which a lawsuit must be filed after an alleged offense. Filing a complaint 20 years after an alleged theft would almost certainly exceed this statutory period for most civil claims. Therefore, the court would dismiss the case because the legal window for pursuing the claim has expired.

What is a document of title that contains the specifics of the agreement between the shipper and the carrier?

Answer: Bill of lading

A bill of lading is a crucial legal document in shipping that serves multiple purposes: it acts as a contract between the shipper and the carrier, a receipt for the goods, and a document of title. It contains all the necessary details about the goods being transported, their destination, and the terms of the agreement.

The Funeral Home must re-label the new container if it transfers a product from the manufacturer's container into its own container, unless?

Answer: The Product is placed in a container of less than 10 Gallons AND used immediately

OSHA regulations generally require secondary containers of hazardous chemicals to be labeled. However, an exception exists for portable containers into which a hazardous chemical is transferred from a labeled container, provided it is intended for immediate use by the employee who performs the transfer. The 'less than 10 gallons' specification is often associated with this immediate use exception in various safety guidelines, allowing for practicality in daily tasks.

Which of the following, when applied to a deceased person's body, is unethical?

Answer: All of the above

All the listed actions represent significant ethical violations in the mortuary profession. Accepting kickbacks (golf trips for contracts) is a conflict of interest, performing unauthorized procedures (embalming for school on a direct cremation) violates client trust and contractual agreements, and allowing unauthorized viewing (personal friends during embalming) breaches privacy and professional decorum. Therefore, all these actions are unethical.

If formaldehyde exposure is discovered on monitoring equipment inside a funeral home, must the funeral home notify the employee?

Answer: 15 Day's

Under OSHA's Formaldehyde Standard (29 CFR 1910.1048), employers are legally required to notify employees of the results of formaldehyde exposure monitoring. This notification must be provided in writing within 15 working days after the employer receives the monitoring results. This ensures employees are informed about their potential exposure levels.

A cemetery itself is not a nuisance.

Answer: FALSE

While a cemetery is not inherently a nuisance, it can become one under specific circumstances. Factors such as poor maintenance, environmental issues (e.g., drainage problems), or significant negative impact on adjacent property values or enjoyment can lead to a cemetery being legally deemed a nuisance. Therefore, the statement that it is never a nuisance is false.

Besides her three brothers, Gab is survived by her two adult sons. Who needs to sign the authorization for cremation?

Answer: Her Eldest Son

In the absence of a surviving spouse, the right to authorize cremation typically falls to the adult children. While many jurisdictions grant equal rights to all adult children, if a single signatory is implied or if there's a need for a primary decision-maker among them, the eldest adult child is often designated or takes precedence in the hierarchy of next of kin for disposition decisions.

Legally, the surviving spouse is not considered to be the next of kin.

Answer: TRUE

In a strict legal sense, 'next of kin' refers to the closest blood relatives of the deceased. While a surviving spouse has the highest legal priority and authority regarding funeral arrangements and disposition, their rights are established through marital status, not through blood relation. Therefore, legally, the spouse is distinct from the bloodline definition of next of kin.

Even if the family hasn't paid the fee, a Funeral Home must release a deceased person with the right permission from the next of kin.

Answer: TRUE

Funeral homes are generally prohibited from withholding a deceased person's body as leverage for payment, a practice often referred to as a 'body lien.' Once the next of kin provides the necessary authorization for release, the funeral home is legally obligated to release the body, regardless of outstanding fees. Payment disputes must be resolved through civil legal means.

How much of Joey's 5,000 in revocable pre-need funds will be included as income or a resource in the application for Medicaid/SSI eligibility under the Burial Funds Exclusion? Joey is currently enrolled in both SSI and Medicaid.

Answer: $3,500

Under Medicaid/SSI rules, there is a burial funds exclusion that allows a certain amount of money set aside for burial expenses to not be counted as an asset. For revocable pre-need funds, the federal exclusion for burial funds is typically $1,500. Therefore, if Joey has $5,000 in revocable pre-need funds, $1,500 will be excluded, and the remaining $3,500 will be included as a countable resource for eligibility purposes.

Despite the next of kin's voiced objections, the OCME/Medical Examiner may nonetheless request an autopsy?

Answer: TRUE

Medical Examiners (ME) or Coroners (OCME) possess the legal authority to order an autopsy when they deem it necessary to determine the cause and manner of death, especially in cases involving suspicious circumstances or deaths without a clear medical explanation. This authority is granted to serve the public interest and legal system, and it generally supersedes the objections of the next of kin.

Because a dead person's body is not property, it cannot be returned.

Answer: TRUE

Under common law, a dead human body is not considered 'property' in the traditional sense; it cannot be owned, bought, or sold. Instead, the next of kin typically holds a 'quasi-property right' for the sole purpose of arranging its disposition. Because it's not property, it cannot be 'returned' in the same way a physical object can, although mishandling or unauthorized retention has other legal ramifications.