20 Questions
Disinterment is the process of
Removing remains from the place of burial
Why is disinterment generally disfavored as a matter of public policy?
To protect the rights and peace of mind of survivors
Who must show good cause for disinterment?
The person seeking disinterment
In what situations can disinterment be done in the public interest?
To exercise eminent domain
When can disinterment be ordered by a court or a medical examiner/coroner?
When there is good cause shown
For what purpose are remains usually reinterred in the same place when disinterment is in the public interest?
To provide evidence in a civil or criminal case
What can disinterment in the public interest be done to protect?
The public health
What does disinterment for private reasons generally involve?
Burying remains in a new location
What are some reasons for disinterment for private purposes?
To satisfy dissatisfaction with the current place of interment
How many reasons for disinterment for private purposes are mentioned in the text?
4
Which one of these is a potential reason for disinterment?
Desire to be closer to family members
In most states, who has the right to request disinterment?
Immediate family members
What is required in most states to carry out a disinterment?
Permit from the cemetery
If there is no statute controlling disinterment, what controls the decision?
Case law
What factors would a court consider when deciding whether to allow disinterment?
The relationship between the decedent and the person seeking disinterment
Are religious canons and the religious beliefs of the deceased binding in a court decision regarding disinterment?
No, they are not binding
What is the legal consequence of performing a disinterment without proper authorization?
Indictable criminal offense
What is a potential reason for preventing disinterment?
Desire to honor the deceased's wishes
Who may need to supervise the disinterment according to statutes?
Funeral director
What is a potential consequence of cemetery disrepair or abandonment?
Loss of burial rights
Study Notes
Disinterment Process
- Disinterment is a process that is generally disfavored as a matter of public policy.
Public Interest Disinterment
- Disinterment can be done in the public interest in certain situations.
- Remains are usually reinterred in the same place when disinterment is in the public interest.
- Disinterment in the public interest can be done to protect public health, safety, or welfare.
Court-Ordered Disinterment
- A court or a medical examiner/coroner can order disinterment in certain circumstances.
- Good cause must be shown for disinterment.
Private Disinterment
- Disinterment for private reasons generally involves the relocation of remains to a different burial site.
- Reasons for private disinterment include:
- Family reunion or reburial
- Cemetery relocation or closure
- Personal or religious reasons
- There are at least 3 reasons for private disinterment mentioned in the text.
- A potential reason for disinterment is to relocate remains to a different burial site.
Legal Aspects of Disinterment
- In most states, the right to request disinterment lies with the next of kin or persons with a legal interest in the deceased.
- To carry out a disinterment, a court order or authorized permit is usually required.
- In the absence of a statute controlling disinterment, the decision is controlled by common law or court rules.
- Factors considered by a court when deciding whether to allow disinterment include:
- Public interest
- Private interests
- Religious beliefs
- Family wishes
- Religious canons and the religious beliefs of the deceased are not necessarily binding in a court decision regarding disinterment.
- The legal consequence of performing a disinterment without proper authorization is criminal liability.
- A potential reason for preventing disinterment is to respect the deceased's original burial wishes.
Regulation and Supervision
- Statutes may require supervision of disinterment by a medical examiner, coroner, or other authorized person.
- A potential consequence of cemetery disrepair or abandonment is the need for disinterment and relocation of remains.
Test your knowledge on the topic of disinterment with this quiz. Learn about the reasons why disinterment is generally disfavored as a matter of public policy, including the importance of respecting the desires of the deceased, the rights and peace of mind of survivors, and the protection of public health.
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