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2017 Maryland Code
Health - General
Title 5 - Death
Subtitle 5 - Miscellaneous Provisions
§ 5-511. Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent
Universal Citation: MD Health-Gen Code § 5-511 (2017)
- (a) Reliance on representations of authorizing agent. -- 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) No duty of independent investigation. -- 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) Filing to become authorizing agent. -- 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 § 5-509(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 § 5-509(c) of this subtitle had a closer personal affinity to the decedent and should be allowed to make the arrangements.
- (d) Suspension of arrangements pending final decision. -- Pending the outcome of a petition filed under this section, a practitioner shall suspend any arrangements with the individuals under § 5-509(c) of this subtitle.
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