Ch. 517

1995 LAWS OF MARYLAND

(3) A medical examiner.

(c) If a person who is authorized to arrange for final disposition of a body is not
available to identify the body and authorize cremation, that person may delegate that
authority to another person by sending to the delegate a telegram that contains the name,
address, and relationship of the sender to the deceased and the name and address of the
individual to whom authority is delegated. Written authorization shall follow by mail but
does not take precedence over the telegram authorizing the identification and cremation.

5-502.1. 5-508.

(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, INCLUDING
by cremation.

(c)     "Crematory" is a building in which cremations are performed.

(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. 5-509.

(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] DISPOSITION OF THE BODY 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, INCLUDING by cremation of the body of the decedent, INCLUDING BY
CREMATION 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;

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