Funeral Arts National Board Practice Exam

What type of custody is held by a person with the authority of final disposition who may not have actual possession of the deceased?

1. Immediate custody

2. Physical custody

3. Constructive custody

4. Legal custody

The correct answer is: Constructive custody

Constructive custody refers to a situation in which a person has the legal authority to make decisions regarding the final disposition of a deceased individual but may not physically possess the body at that time. This type of custody allows the individual to oversee arrangements such as burial or cremation without needing to have the deceased in their presence. In the funeral context, this can arise in circumstances where a family member or authorized representative has the responsibility for making decisions, even if the body is retained by a funeral home or another facility. This distinction is important, as it emphasizes the legal rights and responsibilities associated with the management of remains, separating them from the physical possession which might belong to another party at the moment. For clarity, immediate custody would involve having the deceased in one’s physical possession at the time, while physical custody pertains strictly to having the body with you. Legal custody typically suggests a broader authority, potentially encompassing constructive and physical custody but doesn't solely pertain to the specific authority related to final disposition.