Advocacy Alert: Help Support Clarification to Massachusetts Powers of Attorney Law

The Boston Estate Planning Council’s Legislative Committee is asking BEPC members to take a simple but meaningful advocacy step: contact your Massachusetts state representative and senator to urge their support for amendments to S1138 and H1911 – An Act Clarifying a Right of a Durable Power of Attorney.

To make this easy, we have drafted a sample letter and provided a link to help you identify your legislators based on your home district.

👉 Find your legislator
👉 Download sample letter

Why This Matters: Background for BEPC Members

At its November 2025 meeting, the BEPC Board of Directors voted to support an amendment to Massachusetts law governing powers of attorney. This amendment seeks to clarify that an agent acting under a durable general power of attorney may create a trust if the settlor has expressly authorized the agent to do so.

For many years, this understanding guided estate planners throughout the Commonwealth. However, a 2022 Supreme Judicial Court decision created uncertainty around whether agents had this authority, even if explicitly granted in the power of attorney document. This ambiguity has caused concern among estate planners, elder law practitioners, and clients seeking clarity and predictability in planning options.

In response, the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA) initiated a legislative effort to restore clarity to the statute. BEPC’s Legislative Committee, working closely in collaboration with MassNAELA, the Boston Bar Association (BBA), and the Massachusetts Bar Association (MBA), helped craft and refine updated statutory language. A letter in support of the amended language in the bills was sent to the MA Joint committee on the Judiciary in December 2025.

According to BEPC’s Legislative Committee, “If passed, this would not only restore clarity to the law regarding powers of attorney but would also validate the collective efforts of all the involved organizations in bringing about desired legislative changes.”


You can read BEPC’s earlier announcement on the news feed.

Your Voice Matters

This is a unique moment for the Massachusetts estate planning community. The more legislators hear from constituents, especially professionals who understand the practical implications, the more likely they are to support these clarifying amendments.

We encourage all BEPC members to take a moment to send a letter to your state representative and senator. Your outreach reinforces the importance of this issue and strengthens the collective advocacy of BEPC’s membership.

How to Take Action

1. Find your Massachusetts legislators: https://malegislature.gov/Search/FindMyLegislator
2. Copy and personalize the sample letter included herein. Be sure to address to your legislator, one letter per legislator, and replace/update all content within brackets or on horizontal lines.
3. Email or mail your message directly to your representative and senator.
4. Share this call to action with colleagues who may also wish to support the effort.