Bill > S1138

This bill clarifies and expands the legal definitions and rights related to durable power of attorney in the context of trust creation in Massachusetts. Specifically, the bill adds two new definitions to existing law: "durable power of attorney" is defined as a written document where a principal designates another person as their attorney in fact, and "settlor's agent" is defined as a person acting on behalf of a settlor through a durable power of attorney with express authorization to create a trust, or a person appointed by a court to act on the settlor's behalf in trust creation. The bill also modifies several sections of existing trust law to explicitly allow a settlor's agent to perform actions previously reserved only for the settlor, such as transferring property into a trust or making decisions about trust creation. These changes effectively broaden the legal mechanisms by which trusts can be established, providing more flexibility for individuals who may need assistance in managing their financial and estate planning through an appointed agent under a durable power of attorney.

Justice

https://malegislature.gov/Bills/194/S1138