Funeral Service Funeral Service Law & Ethics Questions and Answers

Question 1

A funeral home's only public entrance has three steps, making it inaccessible for individuals who use a wheelchair.
According to the Americans with Disabilities Act (ADA), what is the funeral home's primary obligation?

Accepted Answer

To provide 'readily achievable' barrier removal, such as installing a ramp or lift.

Answer

To direct individuals with mobility issues to a back entrance that is accessible.

Answer

To offer to conduct all arrangement conferences at the family's home instead of the funeral home.

Answer

To claim an 'undue burden' exemption due to the age and structure of the building.

Question 2

Which of the following is a key requirement of the OSHA Formaldehyde Standard (29 CFR 1910.1048) for funeral homes?

Accepted Answer

Conducting periodic air monitoring to measure employee exposure levels.

Answer

Mandatory use of a respirator by all employees in the building during an embalming.

Answer

Disposal of all formaldehyde waste through a licensed biohazard company.

Answer

Requiring all embalmers to have a specific formaldehyde handling certification.

Question 3

A client purchased a pre-need contract for funeral goods and services that was funded through a life insurance policy. Five years later, the client moves to another state. What is the most likely characteristic of this type of pre-need arrangement regarding portability?

Accepted Answer

The client can typically reassign the funeral home as the beneficiary to a new provider in the new state.

Answer

The contract is non-transferable and the funds will be forfeited if not used at the original funeral home.

Answer

The funds can only be transferred to another funeral home owned by the same parent company.

Answer

The contract automatically converts to a non-guaranteed plan, losing its price protections upon moving.

Question 4

A decedent passes away without a will or a pre-arranged funeral plan. The deceased is survived by an estranged spouse, two adult children from a previous marriage, and a domestic partner of ten years. According to the general hierarchy of the right of disposition in most states, who has the primary legal authority to make funeral arrangements?

Accepted Answer

The surviving spouse, regardless of the state of the marital relationship.

Answer

The domestic partner, due to the length and nature of the relationship.

Answer

The two adult children, if they can reach a majority decision.

Answer

The state-appointed executor of the estate.

Question 5

A funeral home sells a family a pre-need contract for a casket. The funeral home purchases the specific casket and stores it in their warehouse, providing the family with a warehouse receipt as proof of ownership. From a legal standpoint regarding pre-need law, what is this practice known as and is it generally permissible for funeral merchandise?

Accepted Answer

Constructive Delivery; it is generally prohibited for funeral merchandise.

Answer

Actual Delivery; it is permissible as the family now owns the item.

Answer

Warehousing Trust; it is permissible as long as the item is insured.

Answer

Future Goods Agreement; it is the standard method for pre-need sales.

Question 6

Under the FTC Funeral Rule, which of the following practices is considered an illegal 'tying' arrangement?

Accepted Answer

Requiring the purchase of a casket from the funeral home as a condition for providing any funeral services.

Answer

Requiring the purchase of a visitation package to use the chapel for a funeral ceremony.

Answer

Requiring embalming for a public viewing with an open casket.

Answer

Offering a discount on a memorial package if the urn is also purchased from the funeral home.

A funeral home's only public entrance has three steps, making it inaccessible for individuals who use a wheelchair.According to the Americans with Disabilities Act (ADA), what is the funeral home's primary obligation?

A funeral home's only public entrance has three steps, making it inaccessible for individuals who use a wheelchair.
According to the Americans with Disabilities Act (ADA), what is the funeral home's primary obligation?