H.B. 546

VETOES

House Bill No. 546

AN ACT concerning

Disposition of Body by Cremation Options - Liability for Costs

FOR the purpose of repealing the requirement clarifying that liability for certain costs
arising from the disposition of a body by cremation will automatically may be
imposed on certain persons only if the right to dispose of the body by cremation is
exercised by those persons a person with the responsibility for disposing of a dead
human body may consider cremation as an option; repealing the requirement that
liability for certain costs arising from the disposition of a body, including by cremation,
will automatically be imposed on certain persons; and generally relating to the.
disposition of bodies by cremation.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 5-502.2
Annotated Code of Maryland
(1994 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

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 INCLUDING BY CREMATION
under § 5-502 of this subtitle: [and, IF SUCH RIGHT IS EXERCISED, are liable for the
reasonable costs of preparation, care, and disposition of the decedent] TO THE EXTENT
THE DECEDENT HAS INSUFFICIENT ASSETS:

(1)     The surviving spouse of the decedent;

(2)     An adult child of the decedent;

(3)     A parent of the decedent;

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