Disinterment Rights and Funeral Home Negligence
Understanding Disinterment Rights

Disinterment Rights: Addressing Funeral Home Negligence and Legal Recourse

Disinterment, the legal process of exhuming or removing a body from its place of burial, is a topic surrounded by confusion and uncertainty. This article aims to clarify the rights, the circumstances under which it may occur, and the legal procedures involved. Additionally, we will delve into the issue of unauthorized disinterment as a form of funeral home negligence.

What is Disinterment?

Disinterment refers to the legal act of removing a body or remains from its burial site. While it’s not common, certain circumstances may necessitate the need. Typical reasons include a criminal investigation, a court order, relocation of the burial site, or a family’s request for personal reasons.

The Legal Procedure for Authorization

Authorized removal of a body or remains usually involves obtaining consent from the next of kin or the person with the right of disposition. After this, an application for a permit from the relevant health department is required. In some cases, obtaining a court order may also be necessary. Once all permissions are in place, the removal must be carried out respectfully and with dignity, usually under the supervision of a funeral director.

Unauthorized Removal and Funeral Home Negligence

Unauthorized disinterment refers to an exhumation that occurs without the necessary legal permissions. Performing an exhumation without authorization is a severe violation of the law and one of the most common forms of funeral home negligence. The public entrusts funeral homes with the respectful and lawful handling of the deceased, and unauthorized disinterment breaches this trust. If an exhumation has occurred without your consent, the legal team at Traction Law Group can guide you through investigating the incident, understanding your rights, and seeking justice.

Disinterment is a sensitive and complex process that requires a thorough understanding of the legal rights and procedures involved. Consider seeking legal counsel if you are considering a disinterment or suspect one has occurred without permission.

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