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HD 997

An Act clarifying a right of a durable power of attorney

194th Legislature (2025-2026) Introduced by Natalie Blais and 7 co-sponsors

Massachusetts bill clarifies what powers agents can exercise under durable powers of attorney for incapacitated principals, reducing legal ambiguity in healthcare and financial decisions.

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Bill Summary · HD 997

Legislative bill overview

HD 997 clarifies the legal authority granted under a durable power of attorney in Massachusetts. The bill appears to address ambiguities or gaps in existing law regarding what powers an agent may exercise on behalf of a principal who has become incapacitated. By explicitly defining these rights, it aims to provide clearer guidance for healthcare providers, financial institutions, and legal practitioners handling such matters.

Why is this important

Durable powers of attorney are critical estate planning and elder care documents, affecting decisions about medical treatment, finances, and property when individuals cannot act for themselves. Ambiguity in what powers are actually granted can lead to disputes between agents and institutions, delayed care decisions, and legal challenges that burden families during vulnerable times. Clarification protects both principals' intentions and agents acting in good faith.

Potential points of contention

  • Scope of authority: Disagreement over whether the clarification expands agent powers beyond what was traditionally intended, potentially increasing risk of abuse
  • Healthcare vs. financial powers: Debate over whether the bill equally addresses medical directives and financial authority, or favors one over the other
  • Institutional liability: Concerns from banks and healthcare providers about whether clarifications sufficiently protect them from liability when following agent directives, or conversely, whether protections are too broad

Compiled from official sources — confirm details with the bill’s official record.

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