A Practical Guide to the Law in Relation to Control of the Body After Death
A Practical Guide to the Law in Relation to Control of the Body After Death

Author: Nicola Phillipson

Publisher:

Published: 2020-11-16

Total Pages: 78

ISBN-13: 9781912687985

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Disputes over control of a body or ashes, and the arrangements for funerals or headstones/memorials are not encountered on a daily basis in practice, but when they do appear, it is usually at the 11th hour, with clients needing advice at very short notice due to imminent burials or cremations. This practical guide aims to provide the busy practitioner with the knowledge required to provide advice so that the necessary steps can be taken quickly. The book covers the issues of who has the right to call for possession of the body, who can decide as to where bodies should be buried, ashes scatter or interred, and who has the final say over gravestones or memorials. ABOUT THE AUTHOR Nicola Phillipson TEP is a private client barrister at Parklane Plowden Chambers in Leeds whose practice encompasses probate and inheritance disputes. Nicola also sits as a Recorder and a Deputy District Judge on the North Eastern Circuit, and is a full member of STEP (Society of Trusts and Estate Practitioners). In 2020 Nicola was recognised as a Leading Junior by Legal 500 and was ranked in Band 2 in Chambers and Partners. CONTENTS Introduction 1. Possession of the Body 2. The Duty to Properly Dispose of a Body 3. Applications to the Court (Practice and Procedure) 4. Applications to the Court (Factors for the Court to Consider) 5. Funeral and Disposal Disputes 6. Ashes and Cremation 7. Exhumation of Bodies and Ashes 8. Headstones and Memorials 9. Costs

When Someone Dies
When Someone Dies

Author: Scott Taylor Smith

Publisher: Simon and Schuster

Published: 2013-03-12

Total Pages: 252

ISBN-13: 1476700249

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A lawyer and venture capitalist provides a complete, practical guide for dealing with the concrete details surrounding the death of a loved one, from funeral and estate planning to navigating the complexities of online identities. Scott Taylor Smith, a venture capitalist and lawyer, had plentiful resources, and yet after his mother died, he made a series of agonizing and costly mistakes in squaring away her affairs. He could find countless books that dealt with caring for the dying and the emotional fallout of death, but very few that dealt with the logistics. In the aftermath of his mother’s death, Smith decided to write the book he wished he’d had. When Someone Dies provides readers with a crucial framework for making good, informed, money-saving decisions in the chaotic thirty days after a loved one dies and beyond. It provides essential, concrete guidance on: • Making funeral and memorial service arrangements • Writing an obituary • Estate planning • Contacting family and friends • Handling your loved one’s online footprint • Navigating probate • Dealing with finances, including trusts and taxation • And much, much more Featuring concise checklists in each chapter, this guide offers answers to practical questions, enabling loved ones to save time and money and focus on healing.

Physician-Assisted Death
Physician-Assisted Death

Author: James M. Humber

Publisher: Springer Science & Business Media

Published: 1994-02-04

Total Pages: 159

ISBN-13: 1592594484

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Physician-Assisted Death is the eleventh volume of Biomedical Ethics Reviews. We, the editors, are pleased with the response to the series over the years and, as a result, are happy to continue into a second decade with the same general purpose and zeal. As in the past, contributors to projected volumes have been asked to summarize the nature of the literature, the prevailing attitudes and arguments, and then to advance the discussion in some way by staking out and arguing forcefully for some basic position on the topic targeted for discussion. For the present volume on Physician-Assisted Death, we felt it wise to enlist the services of a guest editor, Dr. Gregg A. Kasting, a practicing physician with extensive clinical knowledge of the various problems and issues encountered in discussing physician assisted death. Dr. Kasting is also our student and just completing a graduate degree in philosophy with a specialty in biomedical ethics here at Georgia State University. Apart from a keen interest in the topic, Dr. Kasting has published good work in the area and has, in our opinion, done an excellent job in taking on the lion's share of editing this well-balanced and probing set of essays. We hope you will agree that this volume significantly advances the level of discussion on physician-assisted euthanasia. Incidentally, we wish to note that the essays in this volume were all finished and committed to press by January 1993.

Approaching Death
Approaching Death

Author: Committee on Care at the End of Life

Publisher: National Academies Press

Published: 1997-10-30

Total Pages: 457

ISBN-13: 0309518253

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When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."

Journey Through the Afterlife
Journey Through the Afterlife

Author: John H. Taylor

Publisher: Harvard University Press

Published: 2010

Total Pages: 328

ISBN-13: 9780674057500

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With contributions from leading scholars and detailed catalog entries that interpret the spells and painted scenes, this fascinating and important work affords a greater understanding of ancient Egyptian belief systems and poignantly reveals the hopes and fears about the world beyond death.

Final Rights
Final Rights

Author: Joshua Slocum

Publisher: Square One Publishers, Inc.

Published: 2021-10-19

Total Pages: 771

ISBN-13: 0942679350

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Josh Slocum and Lisa Carlson are the two most prominent advocates of consumer rights in dealing with the death industry. Here they combine efforts to inform consumers of their rights and propose long-needed reforms. Slocum is executive director of Funeral Consumers Alliance, a national nonprofit with over 90 local affiliates nationwide. Carlson is executive director of Funeral Ethics Organization, which works with the industry to try to improve ethical standards. In addition to nationwide issues, the book covers state-by-state information needed by anybody who wishes to take charge of funeral arrangements for a loved one, with or without the help of a funeral director. More information about the book and related issues can be found at www.finalrights.org .

Immortality and the Law
Immortality and the Law

Author: Ray D. Madoff

Publisher: Yale University Press

Published: 2010-05-11

Total Pages: 208

ISBN-13: 0300163274

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This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear—our bodies and our reputations—when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over their wealth forever through grandiose schemes like "dynasty trusts" and perpetual private charitable foundations and to control their creative works and identities well into the unforeseeable future. Madoff explores how the law of the dead can, in essence, extend the reach of life by granting virtual immortality to individuals. All of this comes, Madoff contends, at real costs imposed on the living.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.