Citizen Portal
Sign In

Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Lawmakers hear bill to clarify whether agents can create trusts under durable powers of attorney

3085586 · April 22, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

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…

Already have an account? Log in

Subscribe to keep reading

Unlock the rest of this article — and every article on Citizen Portal.

  • Unlimited articles
  • AI-powered breakdowns of topics, speakers, decisions, and budgets
  • Instant alerts when your location has a new meeting
  • Follow topics and more locations
  • 1,000 AI Insights / month, plus AI Chat
30-day money-back on paid plans