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Lawmakers hear bill to clarify whether agents can create trusts under durable powers of attorney
Summary
Rep. Murray and Sen. Keenan and elder‑law groups urged the Joint Committee on the Judiciary to pass H1911/S1138 to confirm that a principal may authorize an agent under a durable power of attorney to create a trust, addressing uncertainty raised by the SJC's Barbetti decision.
Representative Murray and Senator John Keenan testified to the Joint Committee on the Judiciary in support of House Bill H1911 (filed as companion Senate language) to clarify the authority of an agent under a durable power of attorney to create a trust on the principal's behalf.
Rep. Murray told the committee the bill responds to the Supreme Judicial Court decision in Barbetti v. Stempenowitz, which left uncertainty about whether a power of attorney can authorize an agent to execute a trust. "The court indicated that the more prudent path is to allow the legislature the opportunity to decide whether and how to allow delegation of the power to create a trust," Murray said, describing the…
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