Bill > H1911

This bill clarifies and expands the legal definition and application of durable power of attorney (POA) in the context of trust creation in Massachusetts. It introduces a formal definition of "durable power of attorney" as a written document where a principal designates another person as their attorney-in-fact, following specific legal procedures. The bill also creates a new legal term, "settlor's agent", which refers to a person acting on behalf of a settlor (the person creating a trust) through a durable power of attorney that expressly authorizes trust creation. This agent must follow specific legal sections related to POA and can include someone appointed by a court to help create a trust. The bill amends several sections of Massachusetts law to explicitly include language about the settlor's agent, allowing them to perform actions related to trust creation, property transfer, and other trust-related activities that were previously only explicitly allowed by the settlor themselves. These changes provide more clarity and flexibility in how trusts can be created and managed when the original settlor may not be able to act directly.

Justice

https://malegislature.gov/Bills/194/H1911