S 1138 Massachusetts Senate · 194th Legislature (2025-2026)

An Act clarifying a right of a durable power of attorney

This bill clarifies that a person authorized under a durable power of attorney (a "settlor's agent") can legally create a trust on behalf of another person, as long as the agent follows specific rules in Chapter 190B of Massachusetts law. It directly affects individuals using durable powers of attorney for estate planning, ensuring their designated agents have clear legal authority to establish trusts. The key change adds "or the settlor’s agent" to existing trust creation provisions, explicitly including agents acting under a durable power of attorney. The bill does not alter the requirements for creating a durable power of attorney itself but makes the agent’s role in trust creation legally explicit.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Passage
Feb 2025
Governor
Introduced Feb 27, 2025 Last action Feb 26, 2026
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
1
Feb 27, 2025
Lower · Passed
House concurred
lower
Feb 27, 2025
Committee
Referred to the committee on The Judiciary
upper
1 primary · 6 co-sponsors

Sponsors