Ch. 517

1994 LAWS OF MARYLAND

(D)     "CREMATION" MEANS THE DISPOSITION OF A DEAD HUMAN BODY BY
MEANS OF INCINERATION.

(E)     "DECEDENT" MEANS A DEAD HUMAN BEING.

(F)      "PRACTITIONER" MEANS A PERSON WHO IS LICENSED BY THE STATE AS A
FUNERAL DIRECTOR, MORTICIAN, OR SURVIVING SPOUSE LICENSEE TO PRACTICE
MORTUARY SCIENCE.

(G)     "PRENEED CONTRACT" MEANS AN AGREEMENT PRIOR TO THE TIME OF
DEATH BETWEEN A CONSUMER AND A PRACTITIONER TO PROVIDE ANY GOODS
AND SERVICES REGARDING THE FINAL DISPOSITION OF A DEAD HUMAN BODY.

5-502.2.

(A)     ANY INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER MAY DECIDE THE
DISPOSITION OF THE INDIVIDUAL'S OWN BODY AFTER THAT INDIVIDUAL'S DEATH
WITHOUT THE PREDEATH OR POST-DEATH CONSENT OF ANOTHER PERSON BY
EXECUTING A DOCUMENT THAT EXPRESSES THE INDIVIDUAL'S WISHES REGARDING
CREMATION OR BY ENTERING INTO A PRENEED CONTRACT.

(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, THE FOLLOWING PERSONS, IN THE
ORDER OF PRIORITY STATED, HAVE THE RIGHT TO ARRANGE FOR THE FINAL
DISPOSITION BY CREMATION OF THE BODY OF THE DECEDENT UNDER § 5-502 OF
THIS SUBTITLE AND ARE LIABLE FOR THE REASONABLE COSTS OF PREPARATION,
CARE, AND DISPOSITION OF THE DECEDENT:

(1)      THE SURVIVING SPOUSE 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

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