§ 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.

HISTORY: 1994, ch. 517; 1995, ch. 517.