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Cremation Q&A

The deathcare profession is full of talented people, hundreds of businesses and, lots of questions. This post lists some of the most common cremation questions Lemasters Consulting has gotten. Maybe it will answer a question you have! If there's something you'd still like to know, just leave a comment or you can contact us using our contact form.

What is a cremation attorney?

Cremation has been, and continues to be, the highest area of liability for the deathcare profession. There are a multitude of potential areas of liability which go as far as a wrongful cremation. A cremation attorney is an attorney that focuses on the entire cremation process and not only helps resolve the issues, they help prevent them from ever happening in the first place.

What is cremation law?

Cremation law encompasses the entire cremation process. There are laws and rules for a crematory that establish how you set-up a crematory, how you operate a crematory, what licensing is required, and who can operate a crematory. There are also laws and rules that deal with the cremation process including what family member controls the right to authorize the cremation, what the cremation form must include, how to handle a dispute among family members, when a cremation can take place, how the cremation must be handled, and how the cremated remains or ashes are handled as well.

What is the difference between a cremation lawyer and a cremation attorney?

There is no difference, they are one and the same.

What is a funeral home attorney?

Much like a cremation attorney, a funeral home attorney focuses on the funeral profession.  There are a multitude of potential issues when operating a funeral business. Funeral homes are highly regulated and not only fall under local state laws and regulations, funeral homes are also regulated by the federal government by the FTC under the Funeral Rule. A funeral home business must deal with laws that control their license, their daily operation, plus banking and insurance laws for pre-paid or preneed funerals, and comply with federal laws on how they conduct business and interact with consumers. A funeral home attorney must know how to resolve issues with local state boards and regulators, federal regulators, and other attorneys.  More importantly, a funeral home attorney must know all the laws and regulations so that a funeral home can comply and avoid potential issues from occurring.

What is a pet death care (cemetery) attorney? What is pet cremation?

A pet funeral attorney deals with the entire pet death care profession. The pet death care profession is made up of pet deathcare providers, pet cemeteries, and pet crematories. While there are few laws that deal with the pet death care area—it is growing so rapidly that laws and regulations are going to be here before we know it. Being involved in pet death care law it allows a pet death care attorney to not only help their clients comply with new laws—they can help create the new laws as well. There is also a movement in the liability against pet death care providers. There are numerous stories and issues that are painting a bad light. These stories include mass cremations of pets and the unfortunate dumping of pets into landfills. As a pet death care attorney it is important to understand these claims to respond appropriately and again—to avoid them from happening in the first place.

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