WILLIAM DONALD SCHAEFER, Governor                            Ch. 517

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.

(D)     (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF A DECEDENT
HAS MORE THAN ONE SURVIVOR UNDER SUBSECTION (C) (1) THROUGH (4) OF THIS
SUBSECTION, ANY ADULT CHILD, PARENT, OR ADULT BROTHER OR SISTER OF THE
DECEDENT WHO CONFIRMS IN WRITING TO A PRACTITIONER THAT ALL OF THE
OTHER MEMBERS OF THE SAME CLASS HAVE BEEN NOTIFIED MAY SERVE AS THE
AUTHORIZING AGENT UNLESS THE PRACTITIONER RECEIVES A WRITTEN
OBJECTION TO THE CREMATION FROM ANOTHER MEMBER OF THAT CLASS WITHIN
24 HOURS.

(2) IF A DECEDENT HAS MORE THAN ONE SURVIVOR UNDER
SUBSECTION (C)(1) THROUGH (4) OF THIS SECTION, THE MAJORITY OF A CLASS MAY
SERVE AS THE AUTHORIZING AGENT.

(E)      IN THE CASE OF AN INDIVIDUAL WHOSE FINAL DISPOSITION IS THE
RESPONSIBILITY OF THE STATE OR ANY OF ITS INSTRUMENTALITIES, A PUBLIC
ADMINISTRATOR, MEDICAL EXAMINER, CORONER, STATE-APPOINTED GUARDIAN,
OR ANY OTHER PUBLIC OFFICIAL CHARGED WITH ARRANGING THE FINAL
DISPOSITION OF THE DECEDENT MAY SERVE AS THE AUTHORIZING AGENT FOR
PURPOSES OF § 5-502 OF THIS SUBTITLE.

(F) IN THE CASE OF AN INDIVIDUAL WHO HAS DONATED THE INDIVIDUAL'S
BODY TO MEDICAL SCIENCE OR WHOSE DEATH OCCURRED IN A NURSING HOME OR
OTHER PRIVATE INSTITUTION, A REPRESENTATIVE OF THE INSTITUTION TO WHICH
THE BODY WAS DONATED OR IN WHICH THE DECEDENT DIED MAY SERVE AS THE
AUTHORIZING AGENT IF THE DECEDENT EXECUTED CREMATING AUTHORIZATION
FORMS AND THE INSTITUTION IS CHARGED WITH MAKING ARRANGEMENTS FOR
THE FINAL DISPOSITION OF THE BODY.

5-502.3.

(A) (1) IF THE MAJORITY OF INDIVIDUALS UNDER § 5-502.2(C) OF THIS
SUBTITLE CANNOT AGREE ON THE ARRANGEMENTS, ANY INDIVIDUAL SPECIFIED IN
§ 5-502.2(C) OF THIS SUBTITLE OR THE PRACTITIONER WHO HAS CUSTODY OF THE
BODY, OR BOTH, MAY FILE A PETITION IN THE CIRCUIT COURT FOR THE COUNTY IN
WHICH THE DECEDENT WAS DOMICILED AT THE TIME OF DEATH OR THE COUNTY
IN WHICH THE BODY IS LOCATED REQUESTING THE COURT TO DECIDE THE FINAL
DISPOSITION OF THE BODY.

(2) THE PRACTITIONER MAY ADD THE COURT COSTS ASSOCIATED WITH
A PETITION UNDER THIS SUBSECTION TO THE COSTS OF FINAL DISPOSITION.

(B) IN THE EVENT OF A DISAGREEMENT UNDER SUBSECTION (A) OF THIS
SECTION, A PRACTITIONER IS NOT LIABLE FOR REFUSING TO ACCEPT THE BODY OR
TO INTER OR OTHERWISE DISPOSE OF THE BODY OF THE DECEDENT OR COMPLETE

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