FREE BMS Mortuary And Business Law Questions and Answers

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

Correct! Wrong!

Relabeling is crucial to ensuring that the contents of the container are appropriately identified and that all relevant handling and safety instructions are supplied to avoid any potential risks to customers or staff.

A cemetery itself is not a nuisance.

Correct! Wrong!

A nuisance per se is a category of nuisance that is illegal simply because it is damaging or offensive without any need for additional evidence of its effects or consequences.

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?

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The determination of a person's eligibility for Medicaid long-term care coverage takes into account their assets. Some assets might be excluded, but others might be added to the person's overall assets.

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

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When handling a deceased person's body, ethical conduct entails treating the remains with respect, decency, and compassion while abiding by legal and cultural requirements. The needs and wishes of the deceased and their family should always come first in all actions and decisions made by funeral directors, medical staff, and anyone else handling the corpse.

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

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The OCME will generally pay attention to religious customs and make an effort to follow them, but they are not required by law to do so.

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

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In other countries, the order of priority might be different, but in this one, the surviving spouse is legally recognized as the closest next of kin and has the primary right to decide whether to have a funeral or be cremated.

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?

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Local laws and customs may be used to identify who is responsible for the burial in the absence of explicit instructions or authorized representatives.

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

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In the absence of a pre-designated agent or next of kin, adult children are frequently given main authority to decide on funeral and cremation arrangements.

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?

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The court may have ruled in Danny's Construction's favor if they had followed all the necessary steps, received the necessary permissions, and complied with all applicable rules and regulations when transferring the graves found during the dig. The court may have ruled in Danny's Construction's favor if they had followed all the necessary steps, received the necessary permissions, and complied with all applicable rules and regulations when transferring the graves found during the dig.

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?

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A legal principle known as the statute of limitations establishes a deadline within which a lawsuit must be filed.

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?

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The term "pre-moral stage" can be used to describe a period of development before someone starts to demonstrate identifiable moral reasoning. It would be a stage in this situation where moral reasoning is not yet completely formed or not obvious.

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.

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Any money beyond $1,500 under a "REVOCABLE" pre-need contract will be regarded as income and non-sheltered for the purposes of the funeral contract. They might be taken by the government for Medicaid or SSI purposes. An "IRREVOCABLE PRE-NEED CONTRACT" is the "ONLY REAL" means to protect these assets!

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

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A important legal document that acts as proof of the carriage contract is the Bill of Lading, which the carrier (such as a shipping firm) issues to the shipper (the person sending the goods).

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

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The Funeral Home complies with its duty to maintain a safe working environment and makes sure that employees are aware of any potential risks and necessary safeguards by informing them of the formaldehyde exposure levels discovered through monitoring equipment.

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.

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The Funeral Rule is a set of rules that oversees the funeral business with the objectives of safeguarding consumer rights and promoting openness in funeral business dealings.

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

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Replevin is the process of recovering personal property.

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