MA H1911

Amends Chapter 203E of Massachusetts General Laws to add a formal definition of "durable power of attorney" as a written designation of an attorney in fact under Chapter 190B, Section 5-501

Creates a new legal definition of "settlor's agent" to include persons acting under a durable power of attorney who are expressly authorized to create trusts on the settlor's behalf

Extends the "settlor's agent" definition to include court-appointed persons authorized to create trusts on behalf of a settlor

Amends trust creation statutes (Sections 401 and 402) to explicitly allow a settlor's agent to transfer property into a trust and indicate intent to create a trust, not just the settlor personally

Filed by Representative Brian W. Murray (10th Worcester) on January 14, 2025, with bipartisan support from 7 co-sponsors; referred to the Judiciary Committee