What Is Mortuary Law?

Mortuary law is a specialized area of legal practice that deals with the treatment and final disposition of human remains. It encompasses regulations governing funeral homes, cemeteries, and the rights of deceased families.

The main difference between a mortuary and a funeral home is that a mortuary is more focused on mortuary science, so it doesn’t have the same tranquil or opulent environment as a funeral home.

Definition

A mortuary, which is associated with funeral homes, is a room or building for the storage and preparation of deceased individuals. It may contain facilities for embalming, viewing and preparation for burial or cremation. The etymology of the word is derived from its prefix “mort-,” which means death.

The primary function of a mortuary is to verify the identity of the dead and prepare them for burial or cremation. It also performs other important functions such as registering deaths, providing grief counseling and coordinating paperwork. In addition, mortuaries are often refrigerated to slow down decomposition and reduce the risk of disease. This is why mortuaries are often located in hospitals and funeral homes. They are also regulated by state laws. The law is designed to protect consumers by ensuring that mortuaries follow strict standards for handling and preparation of bodies.

Functions

Mortuary functions include transporting the dead from a place of death, caring for them and preparing them for burial or cremation. They also file the necessary documents and provide assistance to the family. In some cases, they may also need to perform a thorough autopsy.

A mortuary also needs to be able to store personal items that were left by the deceased. This can be especially important in a disaster situation. Personnel at the scene of a disaster can gather and track personal belongings for transfer to the morgue.

The main difference between a mortuary and a funeral home is that mortuaries are more streamlined operations that focus on the body itself. They don’t usually offer full-service memorials or funeral planning. They also tend to have smaller viewing areas.

Services

Mortuaries usually don’t get involved with visitations, funerals or burials. They are primarily focused on the care, preparation and shelter of the body. They also don’t have the same scope of services as funeral homes like Green Cremation Texas.

They often have a more direct approach by offering quick viewings for immediate family members and on-site cremation without full-scale memorialization services. They are a more bare-bones operation, but still offer quality care and professional staff.

Mortuaries do have some similarities to a morgue, but the key difference is that they offer services that prepare the deceased for their final disposition. This includes embalming, cosmetic restoration, casketing and more. They also keep detailed records for legal purposes and funeral arrangements. They also arrange transportation to and from the place of burial.

Costs

Mortuary costs are a major concern for many families. They can add up to thousands of dollars. To help alleviate the financial burden, many families set up fundraising accounts online to raise money for funeral expenses. Others also hold fundraisers like car washes or church offerings.

According to a recent survey by the National Funeral Directors Association, the median cost of a burial is $7,848. This does not include the price of a casket or vault, which can add thousands more to the total cost. A funeral home must disclose these additional costs in their good faith estimate, which they must give you at the time of arrangements. These fees must be in addition to the basic services fee. The funeral home must also disclose charges for other services and merchandise.

Legalities

Mortuary services are regulated by state and local law. In addition to establishing minimum standards for facilities, these laws often require funeral directors to complete specific educational programs and pass state licensing exams. They must also maintain records and handle legal documents.

Mortuaries must follow strict rules regarding the handling of bodies and the treatment of grieving families. In some cases, the failure to follow these rules may result in civil liability.

While mortuaries and crematoriums are similar in many ways, there are some distinctions that can cause confusion. For example, a mortuary is more focused on the mortuary sciences of caring for and preparing the body for burial or cremation. In contrast, a crematorium qualifies as a full-service funeral home and can offer more services like viewing and memorialization options.

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