Titles 5.509, 5.510, 5-502 Flashcards
Disposition of body other than by will.
Title 5.509
Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after that individual’s death without the predeath or post-death consent of another person by executing a document that expresses the individual’s wishes regarding disposition of the body or by entering into a pre-need contract.
Title 5.509 (a)- Disposition of one’s own Body- Document or Pre-need Contract
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.
Title 5.509 (b) Same- Formalities
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, including by cremation under 5-502 of this subtitle:
- The surviving spouse or domestic partner of the decedent.
- An adult child of the decedent
- A parent of the decedent
- An adult brother or sister of the decedent
- A person acting as a representative of the decedent under a signed authorization of the decedent.
- In the absence of any person under paragraphs 1-6- any other person willing to assume the responsibility.
Title 5.509 (c)- Priority of Disposition Authority in Absence of Writing
Any other person willing to assume the responsibility to act as the authorizing agent for purposes of arranging the final disposition of the decedent’s body, including the personal representative of the decedent’s estate, after attesting in writing that a good faith effort has been made to no avail to contact the individual’s under paragraphs 1-6 of this subsection.
Priority of Disposition (title 5.509)
7- In the Absense of any Person Under Paragraphs 1-6
- Subject to paragraph 2 of this subsection, if a decedent has more than one survivor under subsection (c) 1 through 4 of this subsection, any adult child, parent, or adult brother or sister of the decedent 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 for purposes of 5-502 of this subtitle unless the practitioner recieves a written objection to the cremation from another member of that class within 24 hours.
- If a decedent has more than one survivor under subsection c 1 through 4 of this section, the majority of a class may serve as the authorizing agent.
Title 5.509 (d)- Authorizing Agents- In General -
In the case of an individual whose final disposition is the responsibility of the state or any of its instrumentalities, a public administrator, medical examiner, coroner, State-appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent for purposes of 5-502 fo this subtitle.
Title 5.509- e- State as Authorizing Agent
In the case of an individual who has donated the individual’s body to medical science or whose death occurred in a nursing home or other private institution, a representative of the insitiution to which the body was donated or in which the decedent died shall authorize cremation for purposes of 5-502 of this subtitle if the decedent executed cremating authorization forms and the institution is charged with making arrangements for the final disposition of the body.
Title 5-509 (f)- Nursing Homes or Private Institutions as Authorizing Agents
Cremation- Required Identification and Authorization
Title 5-502
This section does not apply to the disposition of a body by a school of medicine or dentistry.
5-502 (a) Scope of Section
Except as otherwise provided in this section, a person may not cremate a body until it has been identified by:
- The next of kin
- A person who is authorized to arrange for final disposition of the body under 5-508 through 5-512 of this subtitle; or
- A medical examiner
5-502 (b)- In General
If a person who is authorized to arrange for final disposition of a body is not available to identify the body and authorize cremation, that person may delegate that authority to another person by sending to the delegate an electronic communication that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Written authorization shall follow by mail but does not take precedence over the electronic communication authorizing the identification and cremation.
5-502 (c)- Delegation of Authority
Same- Failure to Agree on Disposition
5-510
- If the majority of individuals under 5-509 of this subtitle cannot agree on the arrangements, any individual specified in 5-509 (c) of this subtitle or the practitioner who has custody of the body, or both, may file a petition in the circuit court for the county in which the decedent was domiciled at the time of death or the county in which the body is located requesting the court the decide the final disposition of the body.
- The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition.
5-510 (a) Petition to Circuit Court
In the event of a disagreement under subsection (a) fo this section, a pratitioner 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 for the final disposition of the body until the practitioner receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the body.
5-510 (b)- Liability of Practitioner Pending Final Orders
