Massachusetts clarifies legal rights of durable power of attorney agents to establish trusts

Original title: An Act clarifying a right of a durable power of attorney

Last action · February 26, 2026: Accompanied a new draft, see S2969Sponsors: John Keenan and 6 others

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Introduced

Committee

Floor Vote

Passed

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What This Bill Would Do

Massachusetts bill S.1138 defines a and a , explicitly authorizing agents to create trusts on behalf of a principal under chapters 203E and 190B of the General Laws.

Why it matters

Clarifies the legal authority of designated agents and court-appointed representatives to establish trusts for individuals who have granted them power of attorney.

Background

John F. Keenan filed Senate Bill 1138 to clarify statutory language concerning durable powers of attorney in trust law. context
Chapter 203E of the Massachusetts General Laws governs the administration of trusts. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Settlors and Principals

Their legal authority to have an agent or court-appointed representative establish a trust on their behalf is explicitly clarified in statute.

Directly affected

Attorneys-in-fact and Settlor's Agents

Their statutory powers regarding trust creation and property transfer on behalf of principals are explicitly defined and codified.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is a settlor's agent under this bill?

A is a person acting on behalf of a as an agent under a who is expressly authorized to create a trust, or a person appointed by a court of competent jurisdiction.

Which chapters of the General Laws are amended by this bill?

The bill amends chapter 203E of the General Laws by incorporating references to chapters 203E and 190B.

What else do you want to know?

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Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

6 actions

Feb 26, 2026Senate
Accompanied a new draft, see S2969
Feb 12, 2026Senate
Reporting date extended to Monday March 2, 2026
Oct 14, 2025Joint
Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
Apr 18, 2025Joint
Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
Feb 27, 2025House
House concurred
Feb 27, 2025SenateCommittee
Referred to the committee on The Judiciary

Version history

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