Home Table of Contents

§ 5-510. Final disposition of body; petitions, liability

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 5. Death (Refs & Annos)
Subtitle 5. Miscellaneous Provisions (Refs & Annos)
MD Code, Health - General, § 5-510
§ 5-510. Final disposition of body; petitions, liability
Currentness
In general
(a)(1) If the majority of individuals under § 5-509(c) 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 to decide the final disposition of the body.
(2) The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition.
Practitioner liability
(b) In the event of a disagreement under subsection (a) of this section, a practitioner 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.
Costs for preserving body
(c) If the practitioner retains the body for final disposition in accordance with a court order or written agreement among the parties, the practitioner may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision and may add the costs of embalming and refrigeration and sheltering to the final disposition costs.
Actions by practitioner
(d)(1) This section may not be construed to require or to impose a duty upon a practitioner to bring an action under this section.
(2) A practitioner may not be held criminally or civilly liable for choosing not to bring an action under this section.

Credits

Added as Health-General § 5-502.3 by Acts 1994, c. 517, § 1, eff. Oct. 1, 1994. Amended by Acts 1995, c. 3, § 1, eff. March 7, 1995. Renumbered as Health-General § 5-510 and amended by Acts 1995, c. 517, § 1, eff. Oct. 1, 1995.
MD Code, Health - General, § 5-510, MD HEALTH GEN § 5-510
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document