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Home » US Law » 2022 Maryland Statutes » Health - General » Title 5 - Death » Subtitle 5 - Miscellaneous Provisions » Section 5-511 – 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.