Details
November 11, 2011
9:00AM - 3:45PM
Legal and Ethical Issues for the Funeral Professional ** SOLD OUT **
Presented by the Young Funeral Directors
OFDA Office
** This event has SOLD OUT **
9:00 a.m. REGISTRATION
9:30—11:45 a.m. Ohio Preneed & Medicaid Issues (2 CEUs)
In the first part of this two hour seminar, Scott Gilligan will discuss the requirements of Ohio’s preneed law as they apply to the sales of preneed contracts, the wording and contents of preneed contract forms, and the mechanics of trusting and insurance. Ethical issues will also be reviewed such as preneed transfer and portability policies, the solicitation of new preneed customers, and attempts to persuade existing preneed consumers to transfer to a new funeral home.
The seminar will also discuss Medicaid eligibility issues, authorized funeral expenditures under Medicaid, and Ohio’s Estate Recovery Program for excess Medicaid funds. Interwoven into the seminar will be the ethical obligations that funeral homes face when families try to use loopholes to scam the Medicaid system.
11:45 a.m.—12:30 p.m. LUNCH
12:30—2:45 p.m. Ohio Cremation & Advance Care Directive Issues (2 CEUs)
In this two hour seminar, Poul Lemasters will discuss a broad range of Ohio’s cremation laws as they apply to: the right of disposition (who controls the cremation); required elements of cremation authorization form; current liability scenarios, and conflict resolution. Ethical issues will also be reviewed such as identification, changes in arrangements, reporting problems, and correcting mistakes.
The seminar will also discuss advance care directives including living wills, wills, and durable power of attorney. Also included will be the ethical obligations that funeral homes may face when the deceased’s final written wishes may not coincide with the at-need funeral arrangements.
2:45—3:45 p.m. Ask The Legal Experts (1 CEU)
At the conclusion of the day, Scott Gilligan and Poul Lemasters will conduct a one hour panel session fielding legal questions from the participants. Topics may include items such as the FTC Rule, legal liabilities, right of disposition, disinterment, employee issues, Ohio sales taxes, and any of the multitude of legal issues faced by Ohio funeral homes.
Our Presenters:
Scott Gilligan is an attorney with Gilligan Law Offices in Cincinnati, Ohio. He serves as General Counsel to the National Funeral Directors Association and Ohio Funeral Directors Association. He has also represented several other state funeral associations, including the Georgia, Kentucky, Missouri, Tennessee and Wyoming Funeral Directors Associations.
Mr. Gilligan, whose family has been in funeral service for over one hundred and thirty years in Cincinnati, Ohio, has authored the 2003 edition of Mortuary Law, a textbook widely used in mortuary colleges.
Poul H. Lemasters graduated from Cincinnati College of Mortuary Science in 1996, Northern Kentucky University, Chase College of Law in 2003.
Working in funeral service for over 15 years, he is licensed in Ohio and West Virginia, managing both small and large funeral homes.
Currently, he operates Lemasters Consulting, specifically for the funeral industry. He works with funeral home owners, funeral directors/embalmers, cemeteries, and crematory owners and operators —assisting in legal compliance
