SENATE, No. 1054

By Mr. Tolman, a petition (accompanied by bill, Senate, No. 1054) of Steven A. Tolman and Brian Knuuttila for legislation relative to durable power of attorney. The Judiciary

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELATIVE TO DURABLE POWER OF ATTORNEY

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 201B section is hereby amended by striking the entire section and inserting the following in the place thereof:--

Section 2.  All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period when the power of attorney is effective in accordance with its terms, including any period when the principal is under a disability or an incapacity, have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal were competent and not disabled.  Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.