Ch. 517                                        1994 LAWS OF MARYLAND                     

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.

(C)      IF THE PRACTITIONER RETAINS THE BODY FOR FINAL DISPOSITION IN
ACCORDANCE WITH A COURT ORDER OR WRITTEN AGREEMENT AMONG THE
PARTIES, THE PRACTITIONER MAY EMBALM OR REFRIGERATE AND SHELTER THE
BODY, OR BOTH, IN ORDER TO PRESERVE IT WHILE AWAITING THE FINAL DECISION
AND MAY ADD THE COSTS OF EMBALMING AND REFRIGERATION AND SHELTERING
TO THE FINAL DISPOSITION COSTS.

(D)     (1) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE OR TO IMPOSE
A DUTY UPON A PRACTITIONER TO BRING AN ACTION UNDER THIS SECTION.

(2) A PRACTITIONER MAY NOT BE HELD CRIMINALLY OR CIVILLY
LIABLE FOR CHOOSING NOT TO BRING AN ACTION UNDER THIS SECTION.

5-502.4.

(A)     A PRACTITIONER AND AN OPERATOR OF A CREMATORY MAY RELY ON
THE REPRESENTATIONS MADE BY AN AUTHORIZING AGENT AND ARE NOT
GUARANTORS OF THE RELIABILITY OF THOSE REPRESENTATIONS.

(B)     A PRACTITIONER AND AN OPERATOR OF A CREMATORY HAVE NO
RESPONSIBILITY TO CONTACT OR TO INDEPENDENTLY INVESTIGATE THE
EXISTENCE OF ANY NEXT OF KIN OF THE DECEDENT.                                       

(C)     AN INDIVIDUAL MAY FILE A PETITION WITH THE APPROPRIATE COURT
TO OBTAIN THE AUTHORITY TO BE AUTHORIZING AGENT:

(1)      IF THE INDIVIDUAL ALLEGES THAT PERMITTING ONE OR MORE OF
THE INDIVIDUALS WITH PRIORITY UNDER § 5-502.2(C) OF THIS' SUBTITLE TO
AUTHORIZE ARRANGEMENTS FOR THE FINAL DISPOSITION OF THE BODY OF A
DECEDENT MAY CAUSE SUBSTANTIAL INJUSTICE; OR

(2)      IF, CONSIDERING ALL THE CIRCUMSTANCES, AN INDIVIDUAL
OTHER THAN AN INDIVIDUAL WITH PRIORITY UNDER § 5-502.2(C) OF THIS SUBTITLE
HAD A CLOSER PERSONAL AFFINITY TO THE DECEDENT AND SHOULD BE ALLOWED
TO MAKE THE ARRANGEMENTS.

(D)    PENDING THE OUTCOME OF A PETITION FILED UNDER THIS SECTION, A
PRACTITIONER SHALL SUSPEND ANY ARRANGEMENTS WITH THE INDIVIDUALS
UNDER § 5-502.2(C) OF THIS SUBTITLE.

5-502.5.

(A) A PRACTITIONER OR AN OPERATOR OF A CREMATORY MAY NOT
REQUIRE AN AUTHORIZING AGENT TO OBTAIN APPOINTMENT AS PERSONAL
REPRESENTATIVE OF THE DECEDENT'S ESTATE AS A CONDITION PRECEDENT TO
MAKING FINAL ARRANGEMENTS OR AUTHORIZING CREMATION OF A DECEDENT.

- 2466 -