BMS Mortuary Law and Ethics 4 — Questions and Answers
Question 1: A funeral director learns that a decedent's estate is insolvent. Who typically has priority claim over funeral expenses?
- Funeral expenses are generally a preferred claim paid before most other debts (Correct answer)
- Secured creditors always take priority over funeral expenses
- The state has first claim over any estate assets
- Funeral expenses are treated as unsecured debt with no priority
Correct answer: Funeral expenses are generally a preferred claim paid before most other debts
In most states, reasonable funeral expenses are given preferred or priority status in estate proceedings, payable before general unsecured creditors.
Question 2: Which ethical concept requires a funeral director to keep a family's personal and financial information confidential?
- Confidentiality (Correct answer)
- Fidelity
- Veracity
- Non-maleficence
Correct answer: Confidentiality
Confidentiality obligates funeral professionals to protect all personal, financial, and grief-related information shared by families in the course of arranging services.
Question 3: What must a funeral home do if it charges the itemized price for a cash advance item such as an obituary notice?
- Charge exactly what the third party charges with no markup unless disclosed (Correct answer)
- Always add a standard 15% service fee
- Provide a receipt only if the family requests one
- Obtain competitive bids from at least three sources
Correct answer: Charge exactly what the third party charges with no markup unless disclosed
Under the FTC Funeral Rule, funeral homes may not mark up cash advance items unless they disclose that they charge more than the actual cost.
Question 4: In most U.S. states, who has the highest priority to authorize the disposition of human remains when no pre-authorized agent exists?
- Surviving spouse (Correct answer)
- Adult children
- Parents
- Siblings
Correct answer: Surviving spouse
In the statutory hierarchy of next-of-kin authority, the surviving spouse typically holds the highest priority for authorizing disposition of remains.
Question 5: A funeral director is asked by law enforcement to release information about a decedent's identity. The appropriate action is to:
- Cooperate with law enforcement requests that are within legal boundaries (Correct answer)
- Refuse all requests to protect client confidentiality at all times
- Require a court order before releasing any information
- Consult the funeral home's attorney before saying anything
Correct answer: Cooperate with law enforcement requests that are within legal boundaries
Funeral directors have a professional and sometimes legal duty to cooperate with legitimate law enforcement investigations regarding decedent identification.
Question 6: What is the purpose of the 'casket price list' required under the FTC Funeral Rule?
- To allow consumers to compare casket prices before visiting the showroom (Correct answer)
- To satisfy state licensing requirements for inventory management
- To provide OSHA with product safety documentation
- To comply with cemetery regulations on container types
Correct answer: To allow consumers to compare casket prices before visiting the showroom
The casket price list must be made available to consumers so they can compare prices and make informed choices without pressure from a showroom environment.
Question 7: Which situation would most likely constitute 'unprofessional conduct' subject to license revocation for a funeral director?
- Commingling cremated remains of two decedents (Correct answer)
- Offering a military discount on funeral services
- Advertising on social media
- Using a third-party answering service after hours
Correct answer: Commingling cremated remains of two decedents
Commingling cremated remains of different decedents is a serious violation that constitutes unprofessional conduct and can result in license revocation.
BMS Mortuary Law and Ethics 4
A funeral director learns that a decedent's estate is insolvent.
Who typically has priority claim over funeral expenses?