What is meant by the term 'actual custody' in relation to a deceased person's body?

The term 'actual custody' refers specifically to the physical possession of the deceased human body. This concept is crucial in funeral service, as it encompasses the immediate responsibility for and control over the body following death. Actual custody implies that a designated individual or entity has the body in their direct care, enabling them to handle it appropriately according to legal and ethical standards.

This understanding is key for funeral professionals, as it differentiates between mere legal claims to the body and the responsibility of physically managing it. In practical terms, this involves not only keeping the body secure but also preparing it for viewing, burial, or cremation, as per the wishes of the deceased and their family. The physical possession implies that the funeral home, for example, can carry out all necessary procedures involved in the care and disposition of the body.

Understanding actual custody helps clarify the responsibilities of funeral service providers in how they treat, care for, and process the remains of the deceased, ensuring that all actions align with regulations and the deceased's or family's wishes.