Section 1: General Definitions & Legal Requirements (1-15)
1. "Authorization for Final Disposition" refers to:
A) The death certificate
B) The legal permission from the proper person or entity to bury, cremate, or
otherwise dispose of human remains ✅
C) The funeral home's business license
D) The cemetery's operating permit
2. The primary purpose of requiring authorization for final disposition is to:
A) Generate revenue for the state
B) Ensure that remains are disposed of legally and with proper consent,
preventing unauthorized disposition ✅
C) Delay funerals
D) Increase paperwork
3. The authorization for final disposition is typically evidenced by:
A) A verbal agreement
B) A signed written document (authorization form) from the person with the right
of sepulcher ✅
C) A text message
D) A handshake
4. Without proper authorization, a funeral director who disposes of remains
may be:
A) Protected by law
B) Subject to civil liability and criminal penalties ✅
C) Praised
D) Exempt from liability
5. The person who may authorize final disposition is determined by:
A) The funeral home's policy
B) State law (e.g., Public Health Law §4201 in New York) ✅
C) Federal law only
D) The cemetery's rules
6. Authorization for final disposition must be obtained:
A) After disposition
B) Before disposition occurs ✅
, C) Within 30 days after disposition
D) Only if the family requests it
7. The authorization form typically includes:
A) Name of decedent, name of authorized party, signature, date, and method of
disposition ✅
B) Only the decedent's name
C) Only the funeral home's name
D) The cause of death
8. A funeral home that disposes of remains without proper authorization
commits:
A) A minor infraction
B) Unauthorized disposition, which may be a crime and/or civil wrong ✅
C) No violation
D) An acceptable practice
9. The authorization for final disposition is separate from:
A) The death certificate
B) The burial transit permit
C) The cremation authorization (specific for cremation)
D) All of the above ✅
10. Who must sign the authorization for final disposition?
A) The funeral director
B) The person with the legal right to control disposition (next of kin or agent) ✅
C) The attending physician
D) The cemetery manager
11. If the decedent left a written instrument appointing an agent, that agent:
A) Has no authority
B) Has the authority to authorize final disposition ✅
C) Shares authority with the spouse
D) Must get court approval
12. The authorization for final disposition should be obtained:
A) At the time of death
B) As early as practicable before disposition ✅
C) After cremation
D) After burial
13. A funeral home must retain the signed authorization for final disposition:
A) Until the funeral is over
B) For a period required by state law (often several years) ✅
C) For 30 days
D) Permanently
, 14. If the person with priority is not reasonably available, the funeral home
should:
A) Proceed without authorization
B) Contact the next person in the hierarchy for authorization ✅
C) Wait indefinitely
D) Dispose of remains at public expense
15. The authorization for final disposition may be revoked by the authorizing
party:
A) At any time before disposition occurs ✅
B) After disposition occurs
C) Never
D) Only with court approval
Section 2: Who May Authorize – Hierarchy (16-30)
16. Under New York Public Health Law §4201, the first person who may
authorize final disposition is:
A) The surviving spouse
B) The person designated in a written instrument (agent) ✅
C) Adult children
D) Parents
17. If no agent is designated, authorization passes to:
A) Adult children
B) The surviving spouse ✅
C) Parents
D) Siblings
18. A surviving spouse who is the subject of an order of protection protecting
the decedent at death:
A) Still has authority
B) Shall not authorize disposition unless a court orders otherwise ✅
C) Has priority over the agent
D) Is automatically disqualified
19. If there is no spouse, who is next to authorize?
A) Parents
B) Any adult child of the decedent (majority rule if multiple) ✅
C) Siblings
D) Grandchildren