Code of MD 5-509 to 5-512 and 7-404 Flashcards
Any individual who is of this age may decide the disposition of the individual’s own body
18 years of age or older
Any individual who is 18 or older may decide the disposition of the individual’s own body that individual’s death without the pre-death or post-death consent of another person by executing this
A document that expresses the individual’s wishes regarding disposition
The document that expresses the individual’s wishes regarding disposition
Pre-need contract
In order to be valid, a pre-need contract must be
written and signed in the presence of a witness
The order of priority for the right to arrange for the final disposition
Surviving spouse or domestic partner
Adult child
Parent
Adult sibling
Representative of the decedent under signed authorization
Guardian of the person of the decedent at the tie of the decedent’s death
Any other person willing to assume the responsibility to act as the authorizing agent
If a decedent has more than one survivor, any adult child, parent, or adult sibling who confirms in writing to a practitioner that all of the other members of the same class have been notified may serve as the authorizing agent unless
The practitioner receives a written objection within 24 hours
If a decedent has more than one survivor, the majority of a class may serve as this
Authorizing agent
Whom in a class of survivors may serve as the authorizing agent?
The majority
In the case of an individual whose final disposition is the responsibility of the State, who may serve as the authorizing agent?
Public administrator Medical examiner Coroner State-appointed guardian Any other public official charged with arranging the final disposition
In the case of an individual who has donated their body to medical science, or whose death occurred in a nursing home or other private institution, who may authorize cremation
A representative of the institution to which the body was donated or in which the decedent died
If the majority of individuals cannot agree on the arrangements, whom can file a petition in the circuit court?
Any individual listed in the authorization of disposition, the practitioner who has custody of the body, or both
In the event of filing a petition in the circuit court, what can be requested
The court to decide the final disposition of the body
The practitioner may add these to the cost of final disposition
Court costs
In the event of a disagreement, 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 until this
The practitioner receives a court order signed by the parties that decides the final disposition
If the practitioner retains the body in accordance with a court order, the practitioner may do this
embalm or refrigerate and shelter the body (or both) while awaiting a decision, and add the costs to the final disposition costs
A practitioner may not be held criminally or civilly liable for choosing
not to bring an action
A practitioner and an operator of a crematory may rely of the representations made by an authorizing agent and are not guarantors of the
reliability of those representations
A practitioner and an operator of a crematory have no responsibility to contact or independently investigate this
The existence of any next of kin
An individual may file a petition with the appropriate court to obtain the authority to be authorizing agent if
the individual alleges that permitting one or more PRD may cause substantial injustice or
an individual other than the PRD had a closer personal affinity to the decedent and should be allowed to make the arrangements
Pending the outcome of a petition, a practitioner shall do what?
Suspend any arrangements with the individuals
A practitioner or an operator of a crematory may not require an authorizing agent to do what?
Obtain appointment as personal representative of the decedent’s estate
A person may not authorize cremation when
A decedent has left instructions in a document that the decedent does not wish to be cremated
What should be included in the funeral contract
Itemized list of all services and merchandise that will be provided, with a total price
Any item which the licensee will advance money
Terms and method of payment
The contract shall be in _________
Duplicate
The contract shall contain the signatures of
The licensee, other than an apprentice, and the payor of the requested service
This shall be given to the payor at the time the arrangements are finalized
A copy of the signed contract
When should the copy of the signed contract be given to the payor
At the time the arrangements are finalized
The licensee shall give to the individual who requested a funeral what
a written statement that reflects any change in the arrangements agreed to between the parties