Section 5-511 - Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent. - Maryland Statutes

§ 5-511. Reliance on authorizing agent's representations; duty to investigate; filing to become authorizing agent.
 

(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. 
 

[1994, ch. 517; 1995, ch. 517.]