PARRIS N. GLENDENING, Governor

Ch. 145

(4)      [, "seller"] "SELLER" means a person who agrees to provide services or
merchandise, directly or indirectly, under a pre-need contract.

(5)     "TRUSTEE" MEANS A PERSON THAT HAS RESPONSIBILITY FOR
MAKING PRE-NEED ARRANGEMENTS IN A MANNER THAT ENTITLES THE
BENEFICIARY TO BE ELIGIBLE FOR BENEFITS THAT RESTRICT ASSETS.

(b) (1) Only a licensed mortician, a licensed funeral director, or a holder of a
surviving spouse license may offer or agree, directly or indirectly, to provide services or
merchandise under a pre-need contract.

(2)     NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, A LICENSED MORTICIAN OR A LICENSED FUNERAL DIRECTOR WHO IS
EMPLOYED BY A FUNERAL ESTABLISHMENT MAY EXECUTE PRE-NEED CONTRACTS
ON BEHALF OF THE FUNERAL ESTABLISHMENT WITH WHICH THE MORTICIAN OR
FUNERAL DIRECTOR IS EMPLOYED.

(3)     ANY FUNERAL ESTABLISHMENT ON WHOSE BEHALF PRE-NEED
CONTRACTS ARE EXECUTED UNDER THIS SUBSECTION MUST COMPLY WITH THE
REQUIREMENTS OF THIS SECTION.

(f) (2) The making of a pre-need contract by a licensed mortician, A LICENSED
FUNERAL DIRECTOR, OR A HOLDER OF A SURVIVING SPOUSE LICENSE is not the
practice of insurance business.

7-410.

(A)    ANY INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER MAY DECIDE THE
DISPOSITION OF THE INDIVIDUAL'S OWN BODY AFTER THE INDIVIDUAL'S DEATH
WITHOUT THE PRE-DEATH OR POST-DEATH CONSENT OF ANOTHER PERSON BY
EXECUTING A DOCUMENT THAT EXPRESSES THE INDIVIDUAL'S WISHES OR BY
ENTERING INTO A PRE-NEED 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 OF THE BODY OF THE DECEDENT UNDER THIS SECTION 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;

(3)     A PARENT OF THE DECEDENT;

(4)     AN ADULT BROTHER OR SISTER OF THE DECEDENT;

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