Georgia State Board of Funeral Service Practice Exam

What happens if there is a dispute regarding the right of disposition?

1. The funeral home can proceed without consent

2. Legal documentation is required to resolve the dispute

3. The remains must be held indefinitely

4. Family members must resolve the dispute themselves

The correct answer is: Legal documentation is required to resolve the dispute

In circumstances where there is a dispute regarding the right of disposition, legal documentation is typically required to resolve the dispute. This is important because the right of disposition—the legal authority to decide what happens to a deceased person's body—can often be contested among family members or other interested parties. When such disputes arise, relying on legal documentation, such as wills or court orders, clarifies who has the rightful authority to make decisions about the disposition. This ensures that the deceased person's wishes are respected and that all parties involved follow the legal framework governing such decisions. If the funeral home were to proceed without clear legal guidance, it might inadvertently violate the rights of those entitled to make such decisions, potentially exposing itself to legal liability. Similarly, indefinitely holding remains or requiring family members to resolve it themselves without legal backing could lead to prolonged distress and complications that are best addressed through the proper legal channels.