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HOUSE DOCKET, NO. 3259        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2855

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo M. Scaccia

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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 further regulating durable power of attorney.

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PETITION OF:

 

Name:

District/Address:

Angelo M. Scaccia

14th Suffolk

William F. Galvin

Secretary of the Commonwealth


HOUSE DOCKET, NO. 3259        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2855

By Mr. Scaccia of Boston, a petition (accompanied by bill, House, No. 2855) of Angelo M. Scaccia and William F. Galvin for legislation to further regulate durable power of attorney.  The Judiciary. 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Eleven

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An Act further regulating 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, Subsection of Section 1 of Chapter 201B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended as follows: by adding at the end thereof a new sentence as follows:

              “any person acting under a durable power of attorney shall have an obligation to act in good faith towards the principal who conferred the power.”

              Section 2, Chapter 201B of the General Laws is hereby amended by inserting after section 5 as now appearing a new section as follows:

              “5A.  A person exercising authority under a durable power of attorney shall be liable for deliberate breach of their fiduciary duty.”

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