WILLIAM DONALD SCHAEFER, Governor

Ch. 517

(J) (1) THE PRIORITY OF PERSONS TO HAVE AUTHORITY TO MAKE
ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY OF A DECEDENT
UNDER SUBSECTION (C) OF THIS SECTION IS A REBUTTABLE PRESUMPTION THAT
MAY BE RELIED UPON BY A FUNERAL DIRECTOR WHO HAS CUSTODY OF THE BODY.

(2) A FUNERAL DIRECTOR IS NOT A GUARANTOR THAT THE PERSON
MAKING THE ARRANGEMENTS HAS THE LEGAL AUTHORITY TO DO SO.

(3) A FUNERAL DIRECTOR DOES NOT HAVE THE RESPONSIBILITY TO
CONTACT OR TO INDEPENDENTLY INVESTIGATE THE EXISTENCE OF NEXT OF KIN
OF A DECEDENT, INCLUDING A SPOUSE, BUT MAY RELY ON INFORMATION
PROVIDED BY FAMILY MEMBERS OF THE DECEDENT.

(K) (1) A PERSON MAY FILE A PETITION WITH THE APPROPRIATE COURT TO
HAVE THE AUTHORITY TO MAKE ARRANGEMENTS FOR THE FINAL DISPOSITION OF
THE BODY OF A DECEDENT:

(I) IF THE PERSON ALLEGES THAT PERMITTING ONE OR MORE OF
THE PERSONS WITH PRIORITY UNDER SUBSECTION (C) OF THIS SECTION TO
AUTHORIZE ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY OF A
DECEDENT MAY CAUSE A GRAVE INJUSTICE; OR

(II) THAT, CONSIDERING ALL OF THE CIRCUMSTANCES, A PERSON
OTHER THAN A PERSON WITH PRIORITY UNDER SUBSECTION (C) OF THIS SECTION
HAD A CLOSER PERSONAL AFFINITY TO THE DECEDENT AND SHOULD BE ALLOWED
TO MAKE THE ARRANGEMENTS.

(2) PENDING THE OUTCOME OF A PETITION FILED UNDER THIS
SUBSECTION, A FUNERAL DIRECTOR:

(I) MAY, BUT IS NOT REQUIRED TO, SUSPEND OR DELAY THE
ARRANGEMENTS AUTHORIZED BY THE PERSON WITH PRIORITY; AND

(II) IS ONLY REQUIRED TO FOLLOW THE EXPLICIT INSTRUCTIONS
REGARDING THE FINAL DISPOSITION OF THE BODY OF A DECEDENT WHEN ISSUED
BY COURT ORDER AND THE COURT ORDER WAS SERVED ON THE FUNERAL
DIRECTOR.

(L) A FUNERAL DIRECTOR WHO IN GOOD FAITH AND AFTER REASONABLE
DILIGENCE ATTEMPTS TO COMPLY WITH THIS SECTION IS NOT CIVILLY OR
CRIMINALLY LIABLE FOR THE ARRANGEMENTS PROVIDED.

5-502.1.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B) "AUTHORIZING AGENT" MEANS THE INDIVIDUAL WHO HAS LEGAL
AUTHORITY TO ARRANGE FOR AND MAKE DECISIONS REGARDING THE FINAL
DISPOSITION OF A DEAD HUMAN BODY BY CREMATION.

(C) "CREMATORY" IS A BUILDING IN WHICH CREMATIONS ARE PERFORMED.

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