Amendment ID: S3178-55-R1

Redraft Amendment 55

Clarifying a Right of a Durable Power of Attorney

Mr. Keenan, Ms. Edwards and Messrs. Eldridge and Mark move that the proposed new text be amended by inserting after section 137 the following section:-

“SECTION 137A.  Section 402 of chapter 203E of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following subsection:-

(d) Notwithstanding the foregoing, a settlor’s power to create a trust may be exercised by: (1) an agent under a power of attorney to the extent expressly authorized by the power of attorney; or (2) a conservator as authorized by article 5 of chapter 190B.”; and

by adding the following section:-

“SECTION 166. Section 137A shall take effect as of July 8, 2012.”