Ch. 517                                1994 LAWS OF MARYLAND                     

BODY WAS DONATED OR IN WHICH THE DECEDENT DIED MAY SERVE AS THE
AUTHORIZING AGENT IF THE DECEDENT EXECUTED CREMATION AUTHORIZATION
FORMS AND THE INSTITUTION IS CHARGED WITH MAKING ARRANGEMENTS FOR
THE FINAL DISPOSITION OF THE BODY.

(H) (1) WHEN THERE ARE TWO OR MORE PERSONS IN THE SAME CLASS
UNDER SUBSECTION (C) OF THIS SECTION AND THERE IS NO AGREEMENT AS TO THE
DESIGNATION OF AN AUTHORIZED AGENT AMONG THE PERSONS IN THE CLASS, THE
MAJORITY HAS AUTHORITY TO SERVE AS THE AUTHORIZING AGENT AND ARRANGE
FOR THE FINAL DISPOSITION OF THE BODY OF THE DECEDENT.

(2) IF THE MAJORITY CANNOT AGREE ON THE ARRANGEMENTS, ANY .
PERSON SPECIFIED IN SUBSECTION (C) OF THIS SECTION OR THE FUNERAL
DIRECTOR WHO HAS CUSTODY OF THE BODY, OR BOTH, MAY FILE A PETITION WITH
THE APPROPRIATE COURT IN THE COUNTY OF THE DOMICILE OF THE DECEDENT AT
THE TIME OF THE DEATH OF THE DECEDENT OR THE COUNTY IN WHICH THE BODY
IS LOCATED REQUESTING THE COURT TO RENDER A DECISION AS TO THE FINAL
DISPOSITION OF THE BODY.

(3) IN THE EVENT OF A DISAGREEMENT UNDER PARAGRAPH (2) OF
THIS SUBSECTION, A FUNERAL DIRECTOR IS NOT LIABLE FOR REFUSING TO ACCEPT
THE BODY OR TO INTER OR OTHERWISE DISPOSE OF THE BODY OF THE DECEDENT
OR COMPLETE THE ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY
UNTIL THE FUNERAL DIRECTOR RECEIVES A COURT ORDER, OR OTHER WRITTEN
AGREEMENT SIGNED BY THE PARTIES IN THE DISAGREEMENT, THAT DECIDES THE
FINAL DISPOSITION OF THE BODY.

(3) THIS SUBSECTION MAY NOT BE INTERPRETED TO REQUIRE OR TO
IMPOSE A DUTY UPON A FUNERAL DIRECTOR TO BRING AN ACTION UNDER THIS
SUBSECTION, AND A FUNERAL DIRECTOR IS NOT CRIMINALLY OR CIVILLY LIABLE
FOR CHOOSING NOT TO BRING AN ACTION UNDER THIS SUBSECTION.

(I) (1) THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEDENT
MAY ARRANGE FOR THE FINAL DISPOSITION OF THE BODY OF THE DECEDENT IF:

(I) THERE IS NO PERSON IN EXISTENCE UNDER SUBSECTION (C)
OF THIS SECTION; OR

(II) A PERSON LISTED UNDER SUBSECTION (C) OF THIS SECTION:

1. DOES NOT EXERCISE THE PERSON'S RIGHT TO MAKE
ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY OF THE DECEDENT
WITHIN 24 HOURS AFTER BEING CONTACTED; OR

2. CANNOT BE LOCATED AFTER A GOOD FAITH EFFORT BY
THE PERSONAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT TO CONTACT
THE PERSON AT THE PERSON'S LAST KNOWN ADDRESS.                       

(2) THE AUTHORITY OF A PERSONAL REPRESENTATIVE UNDER THIS
SUBSECTION TO MAKE ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY
OF A DECEDENT IS THE SAME AS THAT OF A PERSON LISTED UNDER SUBSECTION (C)
OF THIS SECTION.                                                                                     

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