Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1843 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1652 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1843
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Paul Linsky
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
12	12	resolve:
13	13	Resolve establishing a durable power of attorney review commission.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/15/2025 1 of 3
17	17	HOUSE DOCKET, NO. 1652 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1843
19	19	By Representative Linsky of Natick, a petition (accompanied by resolve, House, No. 1843) of
20	20	David Paul Linsky for an investigation by a special commission (including members of the
21	21	General Court) of the provisions governing durable power of attorney as codified and
22	22	administered in the Commonwealth. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 1631 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	Resolve establishing a durable power of attorney review commission.
31	31	1 Resolved, That there shall be a special legislative commission established pursuant to
32	32	2section 2A of chapter 4 of the General Laws to do the following review and investigation of
33	33	3durable powers of attorney: (i) how the provisions governing durable power of attorney are
34	34	4codified and administered in the commonwealth; (ii) how they are used in practice; (iii) the
35	35	5uniformity of durable power of attorney, including documents, forms, practices and powers;(iv)
36	36	6the risk and prevalence of fraud or financial abuse of those under the care of a durable power of
37	37	7attorney, (v) make an assessment of protections in Massachusetts laws and policies to protect
38	38	8individuals from abuse from a durable power of attorney; (vi) make an assessment of legal
39	39	9vehicles or pathways for those who have been financially abused; (vii) review and investigate
40	40	10any other relevant topic the chairs deem necessary; and (viii) to make recommendations for
41	41	11potential legislative changes and related policies as the commission deems appropriate. 2 of 3
42	42	12 In conducting its review, the commission shall seek to determine how durable power of
43	43	13attorney is codified and put into practice under current Massachusetts law and policy with the
44	44	14goal of ensuring these powers are not used to financially abuse, mislead or mistreat those under
45	45	15the care of a durable power of attorney.
46	46	16 To assist the commission in carrying out its review, the secretary of elder affairs, the
47	47	17director of the office on disability, the executive director of the disabled persons protection
48	48	18commission and the commissioner of the department of children and families shall provide to the
49	49	19commission any data and information the commission considers relevant to its charge.
50	50	20 The commission shall consist of: the secretary of elder affairs, or a designee, who shall
51	51	21serve as a co-chair; the commissioner of the department of children and families, or a designee,
52	52	22who shall serve as the other co-chair; the director of the office on disability, or a designee; the
53	53	23executive director of the disabled persons protection commission, or a designee; the chairs of the
54	54	24joint committee on the judiciary; the chairs of the joint committee on elder affairs; the chairs of
55	55	25the joint committee on children, families, and persons with disabilities; the attorney general, or a
56	56	26designee; the secretary of the commonwealth, or a designee; the speaker of the house of
57	57	27representatives, or a house member designee; the president of the senate, or a senate member
58	58	28designee; the minority leader of the house of representatives, or a house member designee; the
59	59	29minority leader of the senate, or a senate member designee; the chief justice of the probate and
60	60	30family court, or a designee; the president of the Massachusetts Bar Association or a designee; the
61	61	31president of the Massachusetts Councils on Aging, or a designee; 1 person nominated by the
62	62	32Alzheimer’s Association; 1 person nominated by the National Academy of Elder Law Attorneys
63	63	33Massachusetts Chapter, a district attorney; and a member of law enforcement to be nominated by
64	64	34the Massachusetts Chiefs of Police Association. 3 of 3
65	65	35 In appointing members of the commission, consideration shall be given to race, gender,
66	66	36socioeconomic and geographic diversity that is reflective of the population of Massachusetts.
67	67	37 The special commission shall hold no fewer than 5 public meetings and incorporate
68	68	38feedback from relevant advocacy organizations, care organizations, affected communities,
69	69	39families and other relevant stakeholders from across the commonwealth as well as state and
70	70	40federal experts in financial law and policy and financial crime.
71	71	41 The special commission shall submit a detailed report of its findings and
72	72	42recommendations, along with drafts of legislation necessary to carry out its recommendations by
73	73	43filing its report with the clerks of the house of representatives and the senate and the house and
74	74	44senate committees on ways and means not later than March 1, 2027.