Funeral Service Law Terminology

Actual Custody

The physical posession of the dead human body or other property

Administrative Agency

A governmental body created by legislation empowered to make and enforce rule and regulations

Administrative Law

The rules and regulations created by Federal and State administrative agencies

Agent Driver

Those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions

Alkaline Hydrolysis

A process that uses water, alkaline chemicals, heat, and sometimes pressure and agitation, to accelerate natural decomposition, leaving bone fragments

Alternative Container

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 Price Lists

Price lists which may be prepared for use in certain limited situation such as children/infants, government agencies, religious groups, and burial or memorial societies

Americans with Disabilities Act (ADA)

Legislation that guarantees disabled people equal access to employment, as well as access to public places

Apprenticeship (Internship/Resident Training)

The process by which a person engages in learning the practice of funeral directing and/or embalming under instruction, direction, or personal supervision of a duly licensed funeral director and/or embalmer

Brain Death

Irreversible loss of brain function resulting in loss of independent respiration. Legally regarded as indicative of death as indicated by a flat electro-encephalography (EEG) reading

Building Code

Laws, ordinances, and government regulations for construction, maintenance, operation, occupancy, use, or appearance of buildings

Burial (Interment)

The act of placing the dead human body in the ground

Calling Hours (Viewing/Visiting Hours)

Time set aside for friends and relatives to pay respect for the deceased prior to the funeral service

Cadaver

A dead human body intended solely for scientific study and dissection

Case Law

Appellate court decisions based on custom, usage, and prior decisions

Cash Advance Items

Any item obtained from a third-party and paid for by the funeral provider on the purchaser’s behalf

Casket

Rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric

Casket Handling Fees

Charge, fee, or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider

Casket Price List (CPL)

Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which does not require special ordering. Must include retail price and enough descriptive information to enable consumers to identify the merchandise

Cemetery

An area of ground set aside and dedicated for the final disposition of dead human bodies

Clinical (Somatic) Death

Cessation of vital functions, heartbeat, and breathing

Codicil

An addition or amendment of a last will and testament executed with the same formality of the will

Commission

Refers to the Federal Trade Commission

Common Carrier

Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc)

Common Law

The body of law derived from judicial decisions, rather than from statutes or consitutions

Constitution

The fundamental law that establishes the government, limits what government can and cannot do and states the underlying principles to which the government will conform

Bailee

The party who acquires possession, but not the title, of another’s personal property, under agreement

Bailment

The transfer of possession, but not the title of another’s personal property, under agreement

Bailor

The party who gives up possession, but not the title, of personal property in a bailment

Contract

A legally enforceable agreement

Contract Carrier

Provides transportation form compensation only to those with whom it desires to do business (ex livery service)

Constructive Custody

The situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession

Coroner

Usually an elected officer without medical training whose chief duty is to investigate questionable deaths

Corpse

The body of a dead human being, deprived of life, but not yet entirely disintegrated

Cremated Remains

The final product remaining after completion of the entire cremation/pulverization process

Cremation

Heating process which incinerates human remains

Crematory

Any person, partnership, or corporation that performs cremation and sells funeral goods

Crime

An action against society as a whole in violation of constitution, statues, or ordinances

Custodian

Status associated with funeral practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition or transfer to another agent

Death

Irreversible cessation of all vital functions

Degree of Kindred

Relationship of decedent to blood relatives

Devise

A gift of real or personal property by will

Devisee

The person who receives a devise

Direct Cremation

Disposition of human remains by cremation without formal viewing, visitation, or ceremony with the body present

Disinterment (Exhumation)

The removal of human remains from previous location of burial

Due Diligence

The attention reasonable expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation

Durable Power of Attorney

Remains in effect after the disability or incapacity of the principal

Effective Date

Date that the specific price list was put into use

Embalmer

A person, properly licensed, who disinfects, preserves, and/or restores a dead human body

Eminent Domain

The inherent power of a government to take private property for public use. In the US, just compensation to the property owner(s) is required

Entombment

The placing of a remains in a crypt in a mausoleum

Environmental Protection Agency (EPA)

A federal governmental agency with environmental protection regulatory and enforcement authority

Escheat

Forfeiture of a decedent’s property to the state in the absence of heirs

Escrow Account

In funeral service, a vehicle used to hold monies paid on prefunded contracts and beyond the control of the funeral director

Estate

The property and debts of a deceased person, both real and/or personal

Estrangement

The physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard

Exigent Circumstances

Situation requiring immediate action or urgency; FTC recognizes that a funeral provider might embalm without permission

Federal Trade Commission (FTC)

An agency federal government to promote free and fair competition by prevention of trade restraints, price fixing, false advertising, and other unfair methods of competition, including the Funeral Rule

Fiduciary Responsibility

A legal obligation of one party to act in the best interest of another

Final Disposition

The conclusive performance of services with respect to the dead human body by one of the legally recognized methods

Forwarding Remains

Involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the consumer

Free Items

None of the 16 specified items required to be separately itemized on the GPL can be listed as free or no charge. Items not required by the rule can be listed as free

Funeral Ceremony

Service commemorating the deceased with the body present

Funeral Director (Funeral Practitioner)

A person properly licensed and engaged in, making funeral arrangements and supervising final disposition

Funeral Establishment

A facility used in the care and preparation for the funeral and/or final disposition of dead human bodies

Funeral Goods

Goods which are sold or offered for sale directly to the public for use in connection with funeral services

Funeral Provider

Any person, partnership, or corporation that sells or offers to sell funeral goods and funeral services to the public

Funeral Service Law (Mortuary Law/Mortuary Jurisprudence)

That branch of law which related to the disposition of the dead and regulation of funeral directors, embalmers, and funeral establishments

Funeral Services

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

General Power of Attorney

A written instrument granting the agent broad powers to act for the principal

General Price List (GPL)

Printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices. Considered the keystone of the Funeral Rule

Graveside Service

Ceremony commemorating the deceased at place of final disposition

Gross Negligent Act

The intentional failure or the reckless disregard of the consequences with respect to conduct affecting the life or property of another

Guaranteed Contract

A funeral preneed contract where the funeral home promises that the price agreed upon will remain the same regardless of future price increases

Guardian

A person appointed by the court to administer the affairs of another person who is unable by virtue of age or legal diability

Heir

One who inherits, or is entitled to receive property by laws of intestacy

Holographic Will

A will written entirely by hand of the testator

Immediate Burial

Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service

Inheritance

The estate which passes from the decedent to heirs

Insolvent Estate

The estate of a deceased person where debts exceed assts

Interstate

Between two or more states

Intestate (Intestacy)

The state or condition of dying without having made a will

Intestate Succession

The method used to distribute property owned by a person who dies without a valid will

Intrastate

Within a state

Inventory

The process of listing and valuation of a decedent’s assets by personal representative of the estate

Invitee

One who has been invited on the property by the landowner

Irrevocable Contract

An agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary

Itemization

The method of price quotation by which each unit of goods and services is priced separately

Kin

One’s relatives collectively; referring to blood relationship (Legally, the surviving spouse is not included)

Law

Governmental rule prescribing conduct and carrying a penalty for violation

Liability

Responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable

Lien

A claim or charge against real or personal property for payment of some debt

Limited (Special) Power of Attorney

A written instrument granted the agent limited powers to act for the principal

Livery

Automotive equipment made available for hire

Living Will

A document which governs the withholding or withdrawal of life-sustaining treatment from an individual when such person is no longer able to make decisions regarding his/her medical treatment

Malpractice

Failure to perform a professional service with the ability and care generally exercised by others in the profession

Mandatory Disclosures

Statements required by the Rule which cannot be modified or edited and must appear in a clear and conspicuous manner

Medical Examiner

A forensically-trained physician whose duty is to investigate questionable or unattended deaths

Memorial Service

Ceremony commemorating the deceased without the body present

Mental Anguish

A condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury