North Carolina 2023-2024 Regular Session

North Carolina House Bill H529

Introduced
3/29/23  

Caption

Limit Health Care Power of Attorney

Impact

If passed, H529 would amend existing general statutes to limit the powers traditionally granted to health care agents, particularly in relation to funeral decisions. By specifying that agents cannot change established funeral arrangements, the bill aims to provide greater protection for individuals' preferences, mitigating potential disputes among family members about final arrangements. This change could lead to fewer conflicts over funerary practices, as it emphasizes adherence to preneed agreements.

Summary

House Bill 529, titled 'Limit Health Care Power of Attorney,' seeks to clarify the boundaries of authority for health care agents regarding funeral arrangements. Specifically, it prohibits health care agents from altering any funeral arrangements specified in preneed funeral contracts executed on behalf of an individual. This amendment aims to ensure that an individual's previously stated wishes regarding their funeral services are honored and cannot be overridden by an appointed health care agent.

Sentiment

The sentiment surrounding H529 appears to be generally supportive among those advocating for clear boundaries in health care power of attorney situations. Proponents argue that the bill protects individuals' rights and wishes, promoting respect for personal choices made well in advance of death. However, some concerns may arise regarding the rigidity of the law, particularly if unforeseen circumstances occur, such as the unavailability of the designated funeral establishment.

Contention

While the intent of HB 529 is viewed positively by many, there are notable points of contention regarding its practical implications. Critics may argue that the strict prohibition against changing funeral arrangements could lead to complications in exceptional scenarios, particularly if the preneed funeral establishment is no longer operational or if significant changes in circumstances arise. Furthermore, the bill could inadvertently limit the ability of health care agents to act in the best interests of their clients, should such interests conflict with pre-set arrangements.

Companion Bills

No companion bills found.

Previously Filed As

NC H1003

Board of Funeral Service Modifications

NC HB1231

Funeral homes; revise various provisions relating to disposition of bodies, crematories and preneed contracts.

NC SB2822

Board of Funeral Services; revise certain duties, powers and licensing requirements.

NC HB52

Alkaline hydrolysis; establishes registration requirement, regulations.

NC SB1487

Alkaline hydrolysis; establishes registration requirement, regulations.

NC SB2078

State Board of Funeral Service; extend the repealer of.

NC HB1316

State Board of Funeral Services; extend repealer on.

NC SB0084

Funeral Services Amendments

NC H4048

Safe Cremation Act

NC SB0102

Funeral Services Amendments

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