Titles 5-503, 5-511, 5-512, 7-406, 7-505 and 10- 402

Question 1

Reliance on authorizing agent’s representations; duty to investigate; filing to become authorizing agent.

Answer 1

Title 5-511

Question 2

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.

Answer 2

5-511 A- Reliance on Representations of Authorizing Agent

Question 3

A practitioner and an operator of a crematory have no responsibility to contact or to independently investigate the existence of any next of kind of the decedent.

Answer 3

5-511 B- No Duty of Independent Investigation

Question 4

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 substaintial injuries; 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.

Answer 4

5-511 C- Filing to Become Authorizing Agent

Question 5

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.

Answer 5

5-511 (D)- Suspension of Arrangements Pending Final Decision

Question 6

Authorizing agent as personal representative not required; documents negating cremation.

Answer 6

Title 5-512

Question 7

A practitioner or an operator of a crematory may not require an authorizing agent to obtain appointment as personal representative of the decedent’s estate as a condition precedent to making final arrangements or authorizing cremation of a decedent.

Answer 7

5-512 A- Authorizing Agent as Personal Representative

Question 8

A person may not authorize cremation when a decedent has left instructions in a document that the decedent does not wish to be cremated.

Answer 8

5-512 B- Documents Negating Wish for Cremation

Question 9

A person may not cremate a body until at least 12 hours after death.

Answer 9

5-503 Cremation- Time Interval

Question 10

A licensee shall maintain a complete file of cremation that includes the signature of the next of kin, person identifying the body, or person responsible for disposition, time of death, and the date and time of cremation.

Answer 10

7-406 Cremation

Question 11

A licensee or the agent of a licensee may not represent that a burial or a funeral casket is required for cremation.

Answer 11

7-505 Cremation Casket

Question 12

Criminal Law

Answer 12

Title 10-402

Question 13

A person may not remove or attempt to remove human remains from a burial site.

Answer 13

10-402 A- Except as Provided in Subsections (b) and (f) of this Section

Question 14

The State’s Attorney for a county may authorize in writing the removal of human remains from a burial site in the State’s Attorney’s jurisdiction:

1. To ascertain the cause of death of the person whose remains are to be removed;
2. To determine whether the human remains were interred erroneously;
3. For the purpose fo rebruial; or
4. For medical or scientific examination or study allowed by law.

Answer 14

10-402 B- Subject to Subsection (c) of this Section

Question 15

1. Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located.

Answer 15

10-402 C- 1

Question 16

The notice shall be published in the newspaper one time.

Answer 16

10- 402 C- 2

Question 17

1. A statement that authorization from the State’s Attorney is being requested to remove human remains from a burial site;
2. The purpose for which the authorization is being requested;
3. The location of the burial site, including the tax map and parcel number or liber and folio number; and
4. All known pertinent information concerning the burial site, including the names of the persons whose remains are interred in the burial site, if known.

Answer 17

10-402 C (3)- The Notice Shall Contain:

Question 18

1. The State’s Attorney may authorize the temporary relocation of human remains from a burial site for good cause, notwithstanding the notice requirements for this subsection.
2. If the person requesting the authorization subsequently intends to relocate the remains permanently, the person promptly shall publish notice as required under this subsection.

Answer 18

10- 402 C (4)-

Question 19

The person requesting the authorization from the State’s Attorney shall pay the cost of the publishing notice.

Answer 19

10-402 C (5)

Question 20

The State’s Attorney may authorize the removal of the human remains from the burial site after:

1. Receiving proof of the publication required under paragraph (1) of this subsection; and
2. 15 days after the date of publication

Answer 20

10-402 C (6)

Question 21

The subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site.

Answer 21

10-402 C- (7)