Disposition of Human Remains: Burial, Cremation, and Authorization
Nothing may be done with a body until the correct authorizing agent signs. Maryland sets a statutory priority for the right of disposition, and the funeral director's job is to identify that person, document the authority, and follow written instructions. Disputes among family members are resolved by the priority list, not by majority vote.
Priority and documentation
- Typical order: surviving spouse or domestic partner, adult child, parent, sibling, grandchild, grandparent, then a person who has shown special care, guardian, personal representative, and next of kin.
- A person may designate an agent in writing to control disposition, which overrides the default list.
- Cremation requires a signed cremation authorization from the authorizing agent plus medical examiner review and release.
- The crematory's name and address must be disclosed to the family, and the funeral home may not cremate without the required authorization and permit.
- Pacemakers and radioactive implants must be removed or disclosed before cremation.
- Disinterment and removal to another cemetery require the appropriate permit or court order.
Worked example
Two adult children disagree: one wants burial and one wants cremation. A third sibling is not the authorizing agent. Under the priority list, the surviving spouse, if any, controls; if there is none, the adult children share the rank, and the funeral home should obtain a written agreement or decline to proceed until the conflict is resolved legally. Proceeding on the loudest voice is the violation.
Traps that cost marks
Accepting authorization from a fiancé, assuming a will controls disposition unless it names a designated agent, and skipping medical examiner review before cremation.