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