HOUSE DOCKET, NO. 2410        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1631

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David Paul Linsky

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying resolve:

Resolve establishing a durable power of attorney review commission.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2410        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1631

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4155 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

Resolve establishing a durable power of attorney review commission.

Resolved, That there shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to do the following review and investigation of durable powers of attorney: (i) how the provisions governing durable power of attorney are codified and administered in the commonwealth; (ii) how they are used in practice; (iii) the uniformity of durable power of attorney, including documents, forms, practices and powers;(iv) the risk and prevalence of fraud or financial abuse of those under the care of a durable power of attorney, (v) make an assessment of protections in Massachusetts laws and policies to protect individuals from abuse from a durable power of attorney; (vi) make an assessment of legal vehicles or pathways for those who have been financially abused; (vii) review and investigate any other relevant topic the chairs deem necessary; and (viii) to make recommendations for potential legislative changes and related policies as the commission deems appropriate.

In conducting its review, the commission shall seek to determine how durable power of attorney is codified and put into practice under current Massachusetts law and policy with the goal of ensuring these powers are not used to financially abuse, mislead or mistreat those under the care of a durable power of attorney.

To assist the commission in carrying out its review, the secretary of elder affairs, the director of the office on disability, the executive director of the disabled persons protection commission and the commissioner of the department of children and families shall provide to the commission any data and information the commission considers relevant to its charge.

The commission shall consist of: the secretary of elder affairs, or a designee, who shall serve as a co-chair; the commissioner of the department of children and families, or a designee, who shall serve as the other co-chair; the director of the office on disability, or a designee; the executive director of the disabled persons protection commission, or a designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on elder affairs; the chairs of the joint committee on children, families, and persons with disabilities; the attorney general, or a designee; the secretary of the commonwealth, or a designee; the speaker of the house of representatives, or a house member designee; the president of the senate, or a senate member designee; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; the chief justice of the probate and family court, or a designee; the president of the Massachusetts Bar Association or a designee; the president of the Massachusetts Councils on Aging, or a designee; 1 person nominated by the Alzheimer’s Association; 1 person nominated by the National Academy of Elder Law Attorneys Massachusetts Chapter, a district attorney; and a member of law enforcement to be nominated by the Massachusetts Chiefs of Police Association.

In appointing members of the commission, consideration shall be given to race, gender, socioeconomic and geographic diversity that is reflective of the population of Massachusetts.

The special commission shall hold no fewer than 5 public meetings and incorporate feedback from relevant advocacy organizations, care organizations, affected communities, families and other relevant stakeholders from across the commonwealth as well as state and federal experts in financial law and policy and financial crime.

The special commission shall submit a detailed report of its findings and recommendations, along with drafts of legislation necessary to carry out its recommendations by filing its report with the clerks of the house of representatives and the senate and the house and senate committees on ways and means not later than March 1, 2025.