HOUSE DOCKET, NO. 997        FILED ON: 1/14/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Brian W. Murray

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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 bill:

An Act clarifying a right of a durable power of attorney.

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PETITION OF:

HOUSE DOCKET, NO. 997        FILED ON: 1/14/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act clarifying a right of a durable power of attorney.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 103 of chapter 203E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended to insert after the definition of “charitable trust”, the following definition:- ““Durable power of attorney”, the means by which a principal shall designate another as the principal’s attorney in fact in writing in the manner described in section 5-501 of chapter 190B.”

SECTION 2. Said section 103 of said chapter 203E is hereby further amended by adding after the definition of “settlor”, the following definition:- ““Settlor’s agent”, a person acting on behalf of a settlor, as an agent acting pursuant to a durable power of attorney, expressly authorizing the agent to create a trust on the settlor’s behalf ; provided, said agent’s actions accord with sections 5-501 to 5-507, inclusive, of chapter 190B.  A settlor’s agent shall also include a person appointed by a court of competent jurisdiction to act on behalf of the settlor in the creation of a trust using one or more methods described in section 401.”

SECTION 3. Section 401 of said chapter 203E is hereby amended in subsection (1) by inserting after the word “property” the following words:- “by the settlor or the settlor’s agent”.

SECTION 4. Section 402 of said chapter 203E is hereby amended to insert in subsection (a)(1), after the word “settlor”, the following words:- “or the settlor’s agent”.

SECTION 5. Said section 402 of said chapter 203E is hereby further amended by inserting in subsection (a)(2) after the word “settlor” the following words:- “or the settlor’s agent”.