Mors 200 Arts Final - Mortuary Law Vocabulary Part 2
Receiving Remains is a required itemized category on the General Price List (GPL) if offered. It refers to services provided by a funeral home after another firm has handled initial arrangements at the place of death. The Funeral Rule mandates package pricing and a clear description of what the service includes.
Basic services, not to be included in prices of other categories, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
Services of Funeral Director and Staff
Key Terms
Basic services, not to be included in prices of other categories, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
Services of Funeral Director and Staff
Monies deposited for a funeral arranged and contracted for in advance of need. Said funds earn interest which could offset the effect of inflation on the price of the selection made. The contract could be either guaranteed or non-guaranteed.
Trust Funds
A model law to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code
Unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.
Alternative Container
Appellate court decisions that establish precedented principles.
Case Law
Death of a product of conception prior to the complete expulsion or extraction from its mother.
Fetal Death
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| Term | Definition |
|---|---|
Basic services, not to be included in prices of other categories, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices. | Services of Funeral Director and Staff |
Monies deposited for a funeral arranged and contracted for in advance of need. Said funds earn interest which could offset the effect of inflation on the price of the selection made. The contract could be either guaranteed or non-guaranteed. | Trust Funds |
A model law to achieve uniformity in probate proceedings throughout the U.S. | Uniform Probate Code |
Unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. | Alternative Container |
Appellate court decisions that establish precedented principles. | Case Law |
Death of a product of conception prior to the complete expulsion or extraction from its mother. | Fetal Death |
An act showing inherent baseness of vileness of principle or action; shameful wickedness; depravity. | Moral Turpitude |
A law permitting a person of legal age and sound mind to give al or any part of his body to take effect upon his/her death or gives the right to another. | Uniform Anatomical Gift Act |
The estate which passes from the decedent to his/her heirs. | Inheritance |
Method of price quotation by which each unit of service and/or merchandise is priced separately. | Itemization |
An instrument in writing authorizing one person to act as agent for another. Revoked on death of principal by operation of law. Can be general (full) or special (limited). | Power of Attorney |
One who inherits, or is entitled to receive, property by will or laws intestacy. | Heir |
Within a state. | Intrastate |
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability. | Guardian |
One who has been invited on the property by the landowner, persons coming to a funeral home for the purpose of attending funerals, viewing remains, or engaging the funeral director's services. | Invitee |
Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service. | Immediate Burial |
The physical possession of the dead human body. | Actual Custody of the Body |
A claim which is not supported by pledge, mortgage, or lien on other assets. | Unsecured Claim |
A landowner's use of property which interferes with the public or another landowner's use of his property. | Nuisance |
The condition of leaving a will at death. | Testate |
Improper or negligent professional act by a professional person. | Malpractice |
One who intentionally and without consent or privilege enters another's property. | Trespasser |
Automotive equipment made available for hire. | Livery |
Any item or service or merchandise described as "cash advance", "cash accommodation", "cash disbursement", or similar term. Also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. May include, but are not limited to: cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities and death certificates. | Cash Advance Items |
A public officer whose duties may include among other things the investigation of death. | Justice of Peace |
A governmental body created by legislation empowered to regulate an industry and issue rules and regulations. | Administrative Agency |
Total and irreversible cessation of brain function as indicated by a flat EEG reading. | Brain Death |
A rule of action prescribed by an authority able to enforce its will. | Law |
A person, properly licensed, who disinfects, preserves, or restores a dead human body. | Embalmer |
A wrongful act committed by one person against another person or their property. | Tort |
A debt which is supported by pledge, mortgage or lien on assets belonging to the debtor. | Secured Claim |
The property of a deceased person, both read and/or personal. | Estate |
Printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering. This must include retail price and enough descriptive information to enable consumers to identify the merchandise. | Outer Burial Container Price List (OBCPL) |
An action in violation of constitution, statutes, or ordinances, e.g. treason, felony, misdemeanor. | Crime (Criminal Act) |
Occurrence of situations that require certain action. i.e. for giving out the GPL this is the face-to-face meeting. | Triggering Event |
A governmental agency with environmental protection regulatory and enforcement authority. | Environmental Protection Agency (EPA) |
Basic services is the only fee which the consumer cannot decline (unless state or local law requires otherwise.) Funeral providers should recover expenses for services, facilities or unallocated overhead in this charge. | Non-Declinable Service Fee |
The property of a decedent that is subject to administration by the executor or administrator of an estate. | Probate Estate |
The complete expulsion or extraction from its mother of a product of conception which, after such separation, breathes or shows any other evidence of life. | Live Birth |
Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwords reduced to writing (not valid in all states). | Nuncupative Will |
Exists when a person executes a power of attorney which will become or remain effective in the event he or she should later become disabled. | Durable Power of Attorney |
A woman who has been appointed by the court to settle an estate. | Administratrix |
That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies. | Preparation Room |
Any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners. | Outer Burial Container |
A gift of real estate made by will. | Devise |
The body of dead human being, deprived of life, but not yet entirely disintegrated. | Dead Human Body (Corpse) |
Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present. | Direct Cremation |
Situation requiring immediate action or urgency. FTC recognizes that funeral providers might embalm without permission. | Exigent Circumstances |
A governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees. | Occupational Safety and Health Administration (OSHA) |
A law passed by a municipality by virtue o the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality. | Zoning Ordinance |
Any fundamental or important law of edict. | Constitution |
A legal process used by one wishing to collect a debt from an estate. | Creditor's Claim |
Mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. usually accompanied by physical injury or by an outrageous intentional or grossly negligent act. | Mental Anguish |
Charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider. | Casket Handling Fees |
The process where the estate of a decedent is administered. | Probate |
A place where dead human bodies are kept until identified and/or released for final disposition. | Morgue |
Funeral goods consumers purchase from a source other than the price list/funeral provider. | Third Party Merchandise |
Use of a single dollar amount to identify the charge for a group or bundle of goods and/or services. | Package Pricing |
One who inherits personal property under a will. | Legatee |
A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only. | Soldiers and Sailors Will |
The occupier of a house; one who owns or controls real estate where a death occurs. | Householder |
Prearrangements for a funeral and payment for it at the time of prearrangement or an installment basis. | Prearranged and Prefunded |
You can put property in this while you are still alive. When you die, the property automatically goes to your heirs without going through probate court which can be very time consuming and expensive. You can revoke this at any time if you change your mind. | Living Trust |
The accepted theory of the legal status of a dead human body. Rights associated with the body are as if it were property for the purpose of disposition only. | Quasi-Property Theory |
The conclusive performance of services with respect t the dead human body. | Final Disposition |
That branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments. | Mortuary Law (Mortuary Jurisprudence, Funeral Service Law) |
Those drives not under the direct control of the funeral director. | Volunteer Driver |
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc.). | Common Carrier |
Forfeiture of a decedent's property to the state in the absence of heirs. | Escheat |
A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract. | Bailment |
Act, occupations or structures which are nuisances at all times and under all circumstances. It may be prejudicial to public morals, dangerous to life, or injurious to public rights. | Nuisance Per Se |
A decision of a court which is thereafter followed as an example by other courts. | Precedent |
A person properly licensed, engaged in, or conducting, or holding himself out as being engaged in: 1) Preparing, other than by embalming, for the burial or disposition of dead human bodies; 2) maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies. | Funeral Director |
An act with complete disregard for proper conduct which transcends the bounds of common decency. | Outrageous Act |
A gift of personal property by will. | Bequest (Legacy) |
Any services which may be used to (1) care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies. | Funeral Services |
The registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc. | Vital Statistics |