Mortuary law is a specialized field that covers the rules and regulations surrounding the treatment, burial or cremation of deceased individuals. Its purpose is to ensure that the remains are handled with respect and in compliance with local laws.
While movies and television often show morgues as stark and clinical, they serve a useful purpose. These refrigerated drawer-like compartments are where bodies remain until they can be identified and disposed of.
Preparing the Deceased for Farewell
Mortuaries are often mistakenly referred to as morgues, but they are actually specialized funeral care providers that focus on cremation and embalming. They provide temporary storage of the deceased, preparing them for viewing by loved ones and transporting them to a funeral home where final arrangements can be made.
Many people choose to preplan their funerals to alleviate stress on family members, ensure their wishes are carried out and to save money. While this is an excellent idea, preplanning does not guarantee that specific burial plots or caskets will be available, nor does it guarantee that sufficient funds will be available for the services they want.
Funeral homes and cemeteries are governed by a complex set of laws that include state regulations, licensing requirements and guidelines on the handling of human remains. These laws are shaped by ethical considerations that must balance the rights of both the living and the deceased.
Meeting Legal Requirements
Mortuary law encompasses a wide range of regulations governing the handling, preparation, and final disposition of human remains. Unlike contract or property law, this area of legal practice intersects with the emotions and rights of both deceased persons and their families. It also requires navigating complex ethical waters like the proper treatment of unclaimed bodies and avoiding exploitative practices.
The funeral industry is regulated at the state level, and those who work in it must meet educational and licensing requirements. Funeral directors and embalmers must typically graduate from an accredited funeral service program and pass a national board exam administered by the International Conference of Funeral Service Examining Boards (ICFSEB).
Some states require consumers to receive pricing information in writing prior to booking a burial or cremation, while others have consumer protection policies in place that prohibit deceptive advertising. These laws help ensure that mortuary professionals act with integrity and respect for the deceased.
Providing Support to Grieving Families
Some of the most important duties of mortuary professionals include providing support to grieving families. This includes helping them navigate funeral arrangements and making sure they comply with local laws regarding the treatment of deceased individuals.
Depending on the location, mortuaries often offer less customer interaction than funeral homes. They may offer only a brief viewing space for family members or cremation without full-scale memorial services.
While it can be difficult to know what to say or do for a grieving family, showing up and simply being present can provide significant comfort. You can also help by avoiding exploitative practices that are common in the industry. For example, avoid making promises that you cannot keep and be careful about speaking insensitively to the departed.
Navigating Ethical Waters
Mortuary workers have to navigate a variety of ethical issues in the course of their work. This ranges from the way in which bodies are marketed to consumers (avoiding deceptive or exploitative practices) to how funeral homes deal with unclaimed remains and body donations.
The ethical impact of burial and cremation methods also has to be taken into account. Traditional cremation methods have considerable environmental impact, but new innovations such as water-based cremation (alkaline hydrolysis) can significantly reduce this footprint and align with a growing societal trend towards ecological stewardship.
Ethical challenges also arise from the use of corpses for scientific research, with some experts calling it akin to grave robbing. It is crucial that researchers understand the value and respect of human remains when they carry out their work.
Resolving Disputes
Mortuary professionals play an invaluable role in assisting grieving families in making funeral arrangements for their loved ones. They must adhere to strict regulations, provide accurate information, and promote open communication amongst stakeholders. Disputes can arise over the disposal of remains, but seeking professional assistance is an effective way to avoid irreparable family rifts.
Skilled mortuary litigation attorneys prioritize confidentiality throughout the legal process. They protect the reputation of their clients by safeguarding sensitive information and minimizing any potential damage to business operations. They also utilize alternative dispute resolution methods to achieve efficient and satisfactory results. This helps minimize the impact of legal disputes on funeral homes and mortuaries’ reputations.