Current with changes from the 2024 Legislative Session
Section 5-511 - [Effective Until 10/1/2024] Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent(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 § 5-509(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) 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.This section is set out more than once due to postponed, multiple, or conflicting amendments.