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ROBERT L. EHRLICH, JR., Governor
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S.B. 796
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post-death consent of another person by executing a document that expresses the
individual's wishes regarding disposition of the body or by entering into a pre-need
contract.
(c) Unless a person has knowledge that contrary directions have been given by
the decedent, if a decedent has not executed a document under subsection (a) of this
section, the following persons, in the order of priority stated, have the right to arrange
for the final disposition of the body of the decedent, including by cremation under §
5-502 of this subtitle:
(1) The surviving spouse OR DOMESTIC LIFE PARTNER of the decedent;
(2) An adult child of the decedent;
(3) A parent of the decedent;
(4) An adult brother or sister of the decedent;
(5) A person acting as a representative of the decedent under a signed
authorization of the decedent;
(6) The guardian of the person of the decedent at the time of the
decedent's death, if one has been appointed; or
(7) In the absence of any person under paragraphs (1) through (6) of this
subsection, any other person willing to assume the responsibility to act as the
authorizing agent for purposes of arranging the final disposition of the decedent's
body, including the personal representative of the decedent's estate, after attesting in
writing that a good faith effort has been made to no avail to contact the individuals
under paragraphs (1) through (6) of this subsection.
5-605.
(a) (1) In this subsection, "unavailable" means:
(i) After reasonable inquiry, a health care provider is unaware of
the existence of a surrogate decision maker;
(ii) After reasonable inquiry, a health care provider cannot
ascertain the whereabouts of a surrogate decision maker;
(iii) A surrogate decision maker has not responded in a timely
manner; taking into account the health care needs of the individual, to a written or
oral message from a health care provider;
(iv) A surrogate decision maker is incapacitated; or
(v) A surrogate decision maker is unwilling to make decisions
concerning health care for the individual.
(2) The following individuals or groups, in the specified order of priority,
may make decisions about health care for a person who has been certified to be
incapable of making an informed decision and who has not appointed a health care
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