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HOUSE DOCKET, NO. 997 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1911
The Commonwealth of Massachusetts
_________________
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.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/14/2025Natalie M. Blais1st Franklin2/6/2025Patrick Joseph Kearney4th Plymouth1/28/2025David Paul Linsky5th Middlesex1/29/2025Tram T. Nguyen18th Essex1/31/2025Lindsay N. Sabadosa1st Hampshire2/3/2025Danillo A. Sena37th Middlesex3/10/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 2
HOUSE DOCKET, NO. 997 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1911
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1911) of
Brian W. Murray and others for legislation to further regulate rights of a durable power of
attorney. The Judiciary.
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:
1 SECTION 1. Section 103 of chapter 203E of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended to insert after the definition of “charitable trust”, the
3following definition:- ““Durable power of attorney”, the means by which a principal shall
4designate another as the principal’s attorney in fact in writing in the manner described in section
55-501 of chapter 190B.”
6 SECTION 2. Said section 103 of said chapter 203E is hereby further amended by adding
7after the definition of “settlor”, the following definition:- ““Settlor’s agent”, a person acting on
8behalf of a settlor, as an agent acting pursuant to a durable power of attorney, expressly
9authorizing the agent to create a trust on the settlor’s behalf ; provided, said agent’s actions
10accord with sections 5-501 to 5-507, inclusive, of chapter 190B. A settlor’s agent shall also
11include a person appointed by a court of competent jurisdiction to act on behalf of the settlor in
12the creation of a trust using one or more methods described in section 401.” 2 of 2
13 SECTION 3. Section 401 of said chapter 203E is hereby amended in subsection (1) by
14inserting after the word “property” the following words:- “by the settlor or the settlor’s agent”.
15 SECTION 4. Section 402 of said chapter 203E is hereby amended to insert in subsection
16(a)(1), after the word “settlor”, the following words:- “or the settlor’s agent”.
17 SECTION 5. Said section 402 of said chapter 203E is hereby further amended by
18inserting in subsection (a)(2) after the word “settlor” the following words:- “or the settlor’s
19agent”.