Ch. 517

1995 LAWS OF MARYLAND

(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 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.] 5-511.

(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)] § 5-509(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)] § 5-509(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)] § 5-509(C) of this
subtitle.

[5-502.5.] 5-512.

(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.

(b)     A person may not serve as an authorizing agent when a decedent has left
instructions in a document that the decedent does not wish to be cremated.

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