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HOUSE DOCKET, NO. 2410 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1631
The Commonwealth of Massachusetts
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PRESENTED BY:
David Paul Linsky
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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
resolve:
Resolve establishing a durable power of attorney review commission.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/19/2023 1 of 3
HOUSE DOCKET, NO. 2410 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1631
By Representative Linsky of Natick, a petition (accompanied by resolve, House, No. 1631) of
David Paul Linsky for an investigation by a special commission (including members of the
General Court) of the provisions governing durable power of attorney as codified and
administered in the Commonwealth. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4155 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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Resolve establishing a durable power of attorney review commission.
1 Resolved, That there shall be a special legislative commission established pursuant to
2section 2A of chapter 4 of the General Laws to do the following review and investigation of
3durable powers of attorney: (i) how the provisions governing durable power of attorney are
4codified and administered in the commonwealth; (ii) how they are used in practice; (iii) the
5uniformity of durable power of attorney, including documents, forms, practices and powers;(iv)
6the risk and prevalence of fraud or financial abuse of those under the care of a durable power of
7attorney, (v) make an assessment of protections in Massachusetts laws and policies to protect
8individuals from abuse from a durable power of attorney; (vi) make an assessment of legal
9vehicles or pathways for those who have been financially abused; (vii) review and investigate
10any other relevant topic the chairs deem necessary; and (viii) to make recommendations for
11potential legislative changes and related policies as the commission deems appropriate. 2 of 3
12 In conducting its review, the commission shall seek to determine how durable power of
13attorney is codified and put into practice under current Massachusetts law and policy with the
14goal of ensuring these powers are not used to financially abuse, mislead or mistreat those under
15the care of a durable power of attorney.
16 To assist the commission in carrying out its review, the secretary of elder affairs, the
17director of the office on disability, the executive director of the disabled persons protection
18commission and the commissioner of the department of children and families shall provide to the
19commission any data and information the commission considers relevant to its charge.
20 The commission shall consist of: the secretary of elder affairs, or a designee, who shall
21serve as a co-chair; the commissioner of the department of children and families, or a designee,
22who shall serve as the other co-chair; the director of the office on disability, or a designee; the
23executive director of the disabled persons protection commission, or a designee; the chairs of the
24joint committee on the judiciary; the chairs of the joint committee on elder affairs; the chairs of
25the joint committee on children, families, and persons with disabilities; the attorney general, or a
26designee; the secretary of the commonwealth, or a designee; the speaker of the house of
27representatives, or a house member designee; the president of the senate, or a senate member
28designee; the minority leader of the house of representatives, or a house member designee; the
29minority leader of the senate, or a senate member designee; the chief justice of the probate and
30family court, or a designee; the president of the Massachusetts Bar Association or a designee; the
31president of the Massachusetts Councils on Aging, or a designee; 1 person nominated by the
32Alzheimer’s Association; 1 person nominated by the National Academy of Elder Law Attorneys
33Massachusetts Chapter, a district attorney; and a member of law enforcement to be nominated by
34the Massachusetts Chiefs of Police Association. 3 of 3
35 In appointing members of the commission, consideration shall be given to race, gender,
36socioeconomic and geographic diversity that is reflective of the population of Massachusetts.
37 The special commission shall hold no fewer than 5 public meetings and incorporate
38feedback from relevant advocacy organizations, care organizations, affected communities,
39families and other relevant stakeholders from across the commonwealth as well as state and
40federal experts in financial law and policy and financial crime.
41 The special commission shall submit a detailed report of its findings and
42recommendations, along with drafts of legislation necessary to carry out its recommendations by
43filing its report with the clerks of the house of representatives and the senate and the house and
44senate committees on ways and means not later than March 1, 2025.