An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, establishing the Smart Growth Zoning and Housing Program and the Smart Growth Zoning District Fund.

2025-2026 Regular Session Introduced by Heather Boyd and 14 co-sponsors

The bill restricts health care agents from changing preneed funeral contracts or designated funeral homes, protecting prearranged funeral terms.

Referred to Housing & Community Development

HB 529 — "Limit Health Care Power of Attorney" (North Carolina)

Status / Effective date
- Enacted (Session 2023). Effective October 1, 2023.

Purpose and intent
- The bill narrows the authority of persons appointed under a health care power of attorney (health care agents) by preventing them from altering funeral arrangements that a principal previously purchased and specified in a preneed funeral contract. The intent is to protect the contractual funeral preferences a person has paid for in advance.

Key provisions (what the law changes)
- Adds a new subsection to G.S. 32A-19:
- Explicitly states that a health care power of attorney does not authorize an agent to change funeral arrangements or the performing funeral establishment specified in a preneed funeral contract purchased by or on behalf of the principal.
- Amends G.S. 90-210.63A:
- Reiterates that a person appointed as the preneed contract beneficiary’s health care agent may not change the arrangements or performing funeral establishment in the preneed contract.
- Provides a contingency: if the designated performing funeral establishment is no longer in business at the time of death, a competent person from the statutory priority list (see G.S. 90-210.124(a)(2)a. and following) shall, in the listed priority order, designate a funeral establishment to perform the services.
- Revises G.S. 90-210.124 (authorizing agent rules):
- Clarifies the order of persons who may authorize disposition when no written authorization exists and makes explicit that the powers listed do not include canceling or otherwise overriding preneed funeral contracts via a health care agent.
- Confirms that other statutory rights (e.g., the right to cancel a preneed contract, substitute a preneed licensee, or modify preneed contracts under specific statutes) remain governed by existing preneed law.

Who is affected / impact
- Consumers who have purchased preneed funeral contracts: their specified arrangements are protected from modification by an appointed health care agent.
- Health care agents (POA appointees): their authority is limited; they cannot change preneed contract terms or designated funeral homes.
- Families and priority decision-makers: retain their roles under the existing authorizing-agent priority structure when no preneed contract exists or when the designated funeral home is defunct.
- Funeral homes and the preneed funeral industry: preneed contracts gain stronger legal protection; in cases where a designated business has closed, statutory decision priority dictates selection of an alternate provider.

Procedural / legal notes
- The bill does not repeal or alter other preneed contract rights expressly provided in Chapter 90 (e.g., cancellation, substitution, or authorized modifications under specified statutes).
- Where conflicts arise between a health care agent’s directions and an existing preneed contract, the preneed contract controls except as allowed when the designated funeral provider no longer exists.