Table of Contents. CHAPTER 2: Transfer and Identification of the Decedent... 15

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1 Table of Contents What Others Say About This Book...iv Dedication... vii Preface... xv Acknowledgements....xxiii CHAPTER 1: The First Call Initial Notification... 1 Case Example The first-call without communication Best Practices for Handling First-Calls Professionally and Effectively... 2 Basic Information on a First-Call Form... 5 Documenting Special Requests... 7 Some Things You Need to Achieve During the First-Call... 9 Some Things to Avoid During the First-Call:... 9 Using an Outside or Third-Party Transfer Company... 9 Using an Answering Service Case Example - A good laugh and an unexpected party CHAPTER 2: Transfer and Identification of the Decedent Basic Responsibilities Documenting the Transfer Case Example: Sloppy Procedures Leads to Mix-Up Best Practice Guidelines for Transfers Learning from Hospitals Universal Identification System - A System to Consider Case Example: A Transfer Done Incorrectly Case Example: A Transfer Done Right Outside and Third-Party Companies Deaths Involving Hospice Transfer and Decedent Receipt CHAPTER 3: Arrival of Deceased at the Funeral Home Case Example: Unhelpful Attendant Leads to Six-Figure Verdict Steps to Take Upon Arrival CHAPTER 4: The Arrangement Conference Why the arrangement conference must be professionally conducted The value of sharing an agenda Best Practice in determining the person(s) with authority Power of Attorney viii

2 table of contents What is a Power of Attorney? Case Example: What would you do? Common Law relationships Case Example: Multiple spouse scenario When the next of kin is unavailable or hospitalized Fax authorizations Indemnity agreement Being alert to family dynamics Dealing with perfectionists Case Example: The client unable to be satisfied Reaching Informed Consent Ascertaining how much information is considered adequate? The General Price List Use of forms CHAPTER 5: Verifying Identity of a Deceased Person Means of Verifying Identity Viewing A Way to Assure Other Family Members Case Example: Same Last Names Policy Contents for Verifying Identity Identification of Decomposed or Other Difficult Cases Identification is primary. Viewing is secondary Case Example A Father s Need to Know Using a Waiver Instead of Viewing the Person s Body Verification by Photograph Other Means of Verification CHAPTER 6: Care and Preparation of a Deceased Person.. 79 Informing the Family and Receiving Authorization Case Example: The Coroner Advises Embalming Opening Discussions with a Client Family Case Example: Getting Started on the Right Foot Custody Factor Sheltering Guidelines Embalming-Care Report Contents of an Embalming-Care Report Minimum Care when there is No Embalming Viewing when the Deceased Person is Not Embalmed Case Example The Concerned Nurse Case Example: A Hard Lesson ix

3 TRAVERSING THE MINEFIELD Embalming Communicating with the Client Family Using an Off-Premises Refrigeration-Embalming Facility Performing Due Diligence of the Off-Premises Facility Federal Trade Commission Funeral Rule and Embalming CHAPTER 7: Visitation Wake Funeral Ceremony Case Example Unfulfilled Promises Educating the Staff and the First Viewing Case Example The Ignored Family Case Example Disbelieving Wife The Funeral Ceremony Case Example: A scary funeral Case Example Leaky casket Handling Personal Property during the Visitation and Funeral Ceremony Describing Personal Property Disposition of Personal Property Is the Funeral Director Always Responsible for Personal Property? Case Example The Missing Gold Watch Removing Personal Property Handling Personal Property for Shipment The Procession to the Place of Disposition Case Example The Large Procession CHAPTER 8: Disposition by Earth Burial and Entombment How to Set Appropriate Boundaries What is a Funeral Director s Role at a Cemetery? Responsibilities at a Cemetery Case Example: The Funeral by Invitation Only When is the Funeral Director Relieved of Responsibility? Case Example: Funeral Director or Bystander? Receipt for Deceased from Cemetery Is a Burial Permit the Same as a Receipt? Disinterment Guidelines for the Disinterment Process Cemetery Inspections and Funeral Home Cemetery Relations Case Example Arlington National Cemetery s high standards x

4 table of contents CHAPTER 9: Shipment of a Deceased Person What is a Shipping Service? Methods of Shipping Deceased Persons Classifications of Shipment Areas for Concern Foreign Consulate Offices Basic Requirements for International Shipment Receiving a Deceased Person from a Foreign Country Dealing With the Client Family Case Example: Unexpected Snowstorm Disclosures on an Authorization for Shipment Form Type of Shipping Containers Viewing Prior to Shipment Preparation of the Deceased for Shipment Documenting Care to the Deceased Case Example: Left Alone at the Airport Local shipment or transfer of remains Shipment of cremated remains Best Practice Guidelines for Receiving Cremated Remains at the Funeral Home from the Crematory Case Example: An Unexpected Trip to Hawaii Shipping Cremated Remains International Shipment of Cremated Remains Carry-On Cremated Remains and TSA Requirements TSA Cremated Remains Container Requirements Proportioning Cremated Remains CHAPTER 10: Outside Service Providers Duty of Care and Negligence Classification of Workers: Contractor or Employee? Examining the Special Relationship Factor Case Example: What You Don t Know Can Hurt You Due Care - Negligence What is the Reasonable Person Concept? Being Familiar with Outside Contractors Qualifying Independent Contractors Case Example The Unprepared Funeral Director Liability insurance coverage Off-Premises Facilities xi

5 TRAVERSING THE MINEFIELD Transferring a Deceased Person to an Off-Premises Facility Inspecting off-premises facilities CHAPTER 11: Cremating a Person s Remains Cremation from the Funeral Director s Point of View Case Example: Poof Outside crematory agreement Authority to Cremate Faxed Authorizations or Authorizations at a Distance Case Example: Favorite Son and Disowned Daughters Funeral Director s Ace-in-the-Hole Cremation Authorization Form Formatting the Cremation Authorization Form Disclosures to Contain in the Cremation Authorization Form Explaining the Cremation Process Identification and Cremating the Right Person Attaching the cremation tag Removal of Medical Devices and Property Removal of Body Piercing Final Verification at Funeral Home Best Practice when Transporting to the Crematory Receiving Cremated Remains from the Crematory CREMATING THE PERSON S BODY Best Practice for Accepting and Storage of the Deceased at the Crematory Receipt for decedent Opening Containers at the Crematory Maintaining Identification at the Crematory Cremation Log Book Performing the Cremation Removing the Person s Cremated Remains from the Chamber Processing Cremated Remains Case Example The Toothless Client Placement into the Urn-Vessel and Minimum Container Requirements Biodegradable Urns Labeling the Urn-Vessel Storage of Cremated Remains at the Crematory Releasing Cremated Remains Case Example: Wrongful Release xii

6 table of contents Disposition of Cremated Remains Cremated Remains Disposers Case Example The Un-Scattered Cremated Remains Commingling of Cremated Remains Infant Cremation CHAPTER 12: Using an Outside Crematory and Crematory Inspections Disclosures and due diligence Due Diligence Reasons funeral directors hesitate in performing inspections Case Example: Close encounter of the wrong kind Defining an inspection Key attributes in conducting a crematory inspection Performing a crematory inspection Two types of inspections Formal-comprehensive inspections Crematory checklist Further suggestions during inspections Cremation log book CHAPTER 13: Unclaimed Cremated Remains A Nationwide Dilemma The Responsibility Factor Liability Factor Why People Fail to Retrieve a Person s Cremated Remains How to Prevent Abandoned-Unclaimed Cremated Remains Financial Incentives Safeguards When Storing Cremated Remains Disposition of Unclaimed Cremated Remains Contacting Family Members Case Example: A Claim after 20 Years Placement in a Grave or Crypt CHAPTER 14: Risk Assessment and Insurance Purpose of Insurance The Need for Risk Assessment When Should a Risk Assessment be done? Involving Employees in the Assessment Process How to Conduct a Risk Assessment xiii

7 TRAVERSING THE MINEFIELD History of Insurance Choosing an Insurance Company Professional Liability Insurance/ Errors-and-Omissions What is Professional Negligence? The Need for Professional Liability/ Errors-and-Omissions Insurance. 323 How Much Coverage is Necessary? Assessing How Much Professional Liability Insurance is Needed Stand-alone Policy Commercial (comprehensive) General Liability Insurance Umbrella Liability Insurance Best Practice Recommendation Products Liability Insurance Employment Practices Insurance Commercial Crime Insurance-Fidelity Bonds Dealing with Personal Property Choosing an Insurance Company and Agent CHAPTER 15: When You Are Sued Handling Complaints to Reduce Lawsuits Case Example: A Disturbing Disinterment Tell or Not Tell? Three-Step Approach to Resolving Complaints Best Practice to Reduce Lawsuits How a Lawsuit Develops Steps in a Lawsuit Types of Legal Cases Early Stages of a Lawsuit Middle Stages of a Lawsuit Last Stages of a Lawsuit Alternate Dispute Resolution (ADR) Other Ways to Decide Disputes Steps You MUST Take If You Are Sued Things You Should NEVER Do When You Are Sued Basic Courtroom Behavior Choosing an Attorney Prevention: Your Best Strategy General Questions Concerning Lawsuits Authors Biographies Appendix 1: Emotional Distress Appendix 2: Professionalism Bibliography Resources Sample Forms xiv