MA S1138

Adds a formal definition of "durable power of attorney" to Chapter 203E of the General Laws, referencing the requirements in Chapter 190B, Section 5-501

Creates a new "settlor's agent" definition allowing a person with durable power of attorney to create trusts on behalf of the principal when expressly authorized to do so

Expands who may create a trust by adding "settlor's agent" alongside "settlor" in the trust creation provisions of Sections 401 and 402

Allows court-appointed representatives to also act as a settlor's agent for trust creation purposes

Amends Massachusetts trust law (Chapter 203E) to clarify that agents under durable powers of attorney have explicit authority to establish trusts for incapacitated or unavailable principals