Ch. 517

1994 LAWS OF MARYLAND

WHEREAS, It is the intent of the Maryland General Assembly to enact legislation
that specifies the relationship in descending order of the individuals with authority to
decide the manner and means of disposition of the deceased in the event the deceased
has failed or refused to make that decision prior to death; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

5-502.

(a)      This section does not apply to the disposition of a body by a school of
medicine or dentistry.

(b)     Except as otherwise provided in this section, a person may not cremate a body
until it has been identified by:

(1)     The next of kin;

(2)      A person who is authorized to arrange for final disposition of the body;
AS PROVIDED IN § 5-502.1 UNDER §§ 5-502.1 THROUGH 5-502.5 OF THIS SUBTITLE; or

(3)      A medical examiner.

(c)      If a person who is authorized to arrange for final disposition of a body is not
available to identify the body and authorize cremation, that person may delegate that
authority to another person by sending to the delegate a telegram that contains the name,
address, and relationship of the sender to the deceased and the name and address of the
individual to whom authority is delegated. Written authorization shall follow by mail but
does not take precedence over the telegram authorizing the identification and cremation.

5-502.1.                                                                                                                                           

(A) ANY INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER MAY DECIDE THE
DISPOSITION OF THE INDIVIDUAL'S BODY AFTER THE INDIVIDUAL'S DEATH
WITHOUT THE PRE-DEATII OR POST-DEATH CONSENT OF ANOTHER PERSON BY
EXECUTING A DOCUMENT THAT EXPRESSES THE INDIVIDUAL'S WISHES REGARDING
THE PLACE OR METHOD OF DISPOSITION OF THE INDIVIDUAL'S BODY.

(B) IN ORDER TO BE VALID, ANY DOCUMENT EXECUTED UNDER SUBSECTION
(A) OF THIS SECTION MUST BE WRITTEN AND SIGNED BY THE INDIVIDUAL IN THE
PRESENCE OF A WITNESS, WHO, IN TURN, SHALL SIGN THE DOCUMENT IN THE
PRESENCE OF THE INDIVIDUAL.

(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 OR THE COSTS OF EXECUTING THE
DECEDENT'S WISHES AS EXPRESSED IN A DOCUMENT EXCEED A REASONABLE
AMOUNT, THE FOLLOWING PERSONS, IN THE ORDER OF PRIORITY STATED, HAVE
THE RIGHT TO ARRANGE FOR THE FINAL DISPOSITION OF THE BODY OF THE
DECEDENT UNDER § 5-502 OF THIS SUBTITLE AND ARE LIABLE FOR THE
REASONABLE COST OF PREPARATION, CARE, AND DISPOSITION OF THE BODY:

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