An Act clarifying a right of a durable power of attorney
Generates a plain-language summary of the bill text and history.
| Committee | Recommendation | Vote |
|---|---|---|
| J19 | Redraft | 1 entries |
Section 402 of chapter 203E of the general laws, as appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the following subsection:- “(d) Notwithstanding the foregoing, a settlor’s power to create a trust may be exercised by (1) an agent under a power of attorney only to the extent expressly authorized by the terms of the power of attorney or (2) a conservator as authorized by Article 5 of chapter 190B.”
This act shall apply to trusts created on or after July 8, 2012.
SECTION 1. Section 402 of chapter 203E of the general laws, as appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the following subsection:- “(d) Notwithstanding the foregoing, a settlor’s power to create a trust may be exercised by (1) an agent under a power of attorney only to the extent expressly authorized by the terms of the power of attorney or (2) a conservator as authorized by Article 5 of chapter 190B.” SECTION 2. This act shall apply to trusts created on or after July 8, 2012.