Next of Kin Hierarchy (Public Health Law
§4201)
Section 1: General Overview & Definitions (1-15)
1. Public Health Law §4201 governs:
A) Embalming procedures
B) The right to control disposition of a decedent's remains
C) Funeral home licensing requirements
D) Cemetery operations
2. The term "disposition" under §4201 includes:
A) Only burial
B) Care, disposal, transportation, burial, cremation, natural organic reduction, or
embalming
C) Only cremation
D) Only funeral services
3. A "person" under §4201 is defined as:
A) Any individual regardless of age
B) A natural person eighteen years of age or older
C) Only funeral directors
D) Only attorneys
4. "Cremation" under §4201 means:
A) Any form of body disposal
B) The incineration of human remains
C) Natural decomposition
D) Burial at sea
5. "Natural organic reduction" under §4201 means:
A) Embalming
B) The contained, accelerated conversion of human remains to soil
C) Cryogenic preservation
D) Traditional burial
6. The purpose of §4201 is to:
A) Generate revenue for the state
B) Establish an orderly priority list for who controls disposition of remains
, C) Eliminate family involvement in funerals
D) Mandate cremation
7. Under §4201, the hierarchy applies when:
A) There is a written instrument appointing an agent
B) There is no valid written instrument appointing an agent
C) The family agrees on everything
D) The decedent had no assets
8. The hierarchy in §4201 is described as:
A) Equal priority for all family members
B) Descending priority (highest to lowest)
C) Ascending priority (lowest to highest)
D) Random order
9. How many classes of persons are listed in the §4201 hierarchy?
A) Five
B) Eight
C) Ten (i through x)
D) Three
10. A person not reasonably available, unwilling, or incompetent to serve:
A) Still retains priority
B) Is bypassed, and those of equal or next priority may act
C) Must be forced to serve
D) Loses all rights permanently
11. The hierarchy under §4201 applies to:
A) Only burial decisions
B) All disposition decisions including burial, cremation, and natural organic reduction
C) Only cremation decisions
D) Only financial decisions
12. §4201 was originally enacted in response to:
A) The September 11, 2001 tragedy (to set orderly procedure for priority)
B) The COVID-19 pandemic
C) A court decision
D) Federal legislation
13. A person who is arrested or charged with a crime causing the decedent's death (Penal
Law Article 125) may:
, A) Still have priority
B) Lose the right to control disposition unless a court orders otherwise
C) Automatically be disqualified without court review
D) Have priority over all others
14. The hierarchy under §4201 is subject to:
A) The decedent's written directions and wishes
B) No exceptions
C) Only the funeral home's preference
D) Only the spouse's wishes
15. A guardian appointed under Surrogate's Court Procedure Act Article 17 or Mental
Hygiene Law Article 81:
A) Has no disposition rights
B) Has priority as listed in §4201(2)(a)(vi)
C) Is last in priority
D) Cannot act for a deceased person
Section 2: The Complete Hierarchy Order (16-35)
16. The first priority under §4201(2)(a) is:
A) The surviving spouse
B) The person designated in a written instrument under §4201(3)
C) Adult children
D) Parents
17. If no agent is designated, the second priority is:
A) Adult children
B) The decedent's surviving spouse
C) Parents
D) Siblings
18. Where does a surviving domestic partner fall in the hierarchy?
A) After children
B) After spouse, at the same level as spouse (subparagraph ii-a)
C) After parents
D) After siblings
§4201)
Section 1: General Overview & Definitions (1-15)
1. Public Health Law §4201 governs:
A) Embalming procedures
B) The right to control disposition of a decedent's remains
C) Funeral home licensing requirements
D) Cemetery operations
2. The term "disposition" under §4201 includes:
A) Only burial
B) Care, disposal, transportation, burial, cremation, natural organic reduction, or
embalming
C) Only cremation
D) Only funeral services
3. A "person" under §4201 is defined as:
A) Any individual regardless of age
B) A natural person eighteen years of age or older
C) Only funeral directors
D) Only attorneys
4. "Cremation" under §4201 means:
A) Any form of body disposal
B) The incineration of human remains
C) Natural decomposition
D) Burial at sea
5. "Natural organic reduction" under §4201 means:
A) Embalming
B) The contained, accelerated conversion of human remains to soil
C) Cryogenic preservation
D) Traditional burial
6. The purpose of §4201 is to:
A) Generate revenue for the state
B) Establish an orderly priority list for who controls disposition of remains
, C) Eliminate family involvement in funerals
D) Mandate cremation
7. Under §4201, the hierarchy applies when:
A) There is a written instrument appointing an agent
B) There is no valid written instrument appointing an agent
C) The family agrees on everything
D) The decedent had no assets
8. The hierarchy in §4201 is described as:
A) Equal priority for all family members
B) Descending priority (highest to lowest)
C) Ascending priority (lowest to highest)
D) Random order
9. How many classes of persons are listed in the §4201 hierarchy?
A) Five
B) Eight
C) Ten (i through x)
D) Three
10. A person not reasonably available, unwilling, or incompetent to serve:
A) Still retains priority
B) Is bypassed, and those of equal or next priority may act
C) Must be forced to serve
D) Loses all rights permanently
11. The hierarchy under §4201 applies to:
A) Only burial decisions
B) All disposition decisions including burial, cremation, and natural organic reduction
C) Only cremation decisions
D) Only financial decisions
12. §4201 was originally enacted in response to:
A) The September 11, 2001 tragedy (to set orderly procedure for priority)
B) The COVID-19 pandemic
C) A court decision
D) Federal legislation
13. A person who is arrested or charged with a crime causing the decedent's death (Penal
Law Article 125) may:
, A) Still have priority
B) Lose the right to control disposition unless a court orders otherwise
C) Automatically be disqualified without court review
D) Have priority over all others
14. The hierarchy under §4201 is subject to:
A) The decedent's written directions and wishes
B) No exceptions
C) Only the funeral home's preference
D) Only the spouse's wishes
15. A guardian appointed under Surrogate's Court Procedure Act Article 17 or Mental
Hygiene Law Article 81:
A) Has no disposition rights
B) Has priority as listed in §4201(2)(a)(vi)
C) Is last in priority
D) Cannot act for a deceased person
Section 2: The Complete Hierarchy Order (16-35)
16. The first priority under §4201(2)(a) is:
A) The surviving spouse
B) The person designated in a written instrument under §4201(3)
C) Adult children
D) Parents
17. If no agent is designated, the second priority is:
A) Adult children
B) The decedent's surviving spouse
C) Parents
D) Siblings
18. Where does a surviving domestic partner fall in the hierarchy?
A) After children
B) After spouse, at the same level as spouse (subparagraph ii-a)
C) After parents
D) After siblings
