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THE REVERE ADVOCATE – FRIDAY, OCTOBER 9, 2020 Page 15 RESERVED SPECIAL POWERS OF APPOINTMENT O ften times, individuals decide to transfer assets in order to protect them against a possible nursing home stay. Due to the risk of losing assets, transfers often occur prior to when the transferor would prefer. An often-used technique used in drafting to create a bigger incentive for such transfers is the insertion of a provision in a deed or in an irrevocable Trust reserving a limited or special power of appointment (SPOA). A SPOA is a power which enables someone at a later date to change the original disposition of the real estate if a deed is the relevant document or the Trust principal if an irrevocable Trust is the relevant document. The SPOA is reserved by the individual transferring an interest in real estate or transferring any type of property to an irrevocable Trust. In 2017, the Massachusetts Appeals Court in the case of Skye v. Hession held that a deed containing such a reserved SPOA was a valid transfer. The remainder person (the person receiving the Trust principal upon the death of the lifetime benefi ciary or the person who the real estate was deeded to) has a vested remainder interest subject to divestment. If the SPOA is never exercised, the remainder person will end up taking title as originally planned. The pure defi nition of a SPOA is that it cannot be exercised in favor of the person creating the power, his creditors, his estate, or the creditors of his estate. This is important for MassHealth purposes in order to not have the underlying asset(s) countable for eligibility purposes. The MassHealth applicant’s spouse should also be excluded as a person who might benefi t from the exerHelping Seniors Recognize Fake News and Propaganda Dear Savvy Senior, cise of the SPOA. As long as the property in question is vested in persons other than the applicant or spouse, and as long as neither of them have any power to revest the property in themselves, the property should be deemed transferred for purposes of beginning the five year look back period. If nursing home level care is not needed within fi ve years from the date of transfer, the property should be protected. Furthermore, any subsequent exercise of the SPOA itself after the five- year period has elapsed should in no way create any additional period of MassHealth ineligibility. Joseph D. Cataldo is an Estate Planning/Elder Law Attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a Master’s Degree in Taxation. mosquito control eff orts if they provide a suitable alternative control plan; requiring the board after each spraying action to provide a written report summarizing eff orts and details of products used to stakeholders; and creating a Mosquito Control for the 21st Century Task Force to develop a sustainable, long-term mosquito plan using input from a number of stakeholders and experts with the goals of protecting public health while minimizing environmental impacts. “As we enter peak mosquito season, I am proud to have worked on and passed urgent and comprehensive EEE legislation that enables the commonwealth to prevent and manage this mosquito borne illness,” said Rep. John Mahoney (D-Worcester). “This legislation thoughtfully addresses the concerns of public health experts, environmental health advocates, local boards of health and our municipalities as we work to mitigate this concerning public health matter.” “With this bill, we’re ensuring that the Department of Public Health can respond to the most imminent health concerns posed by EEE, while moving the commonwealth toward a more sustainable, comprehensive, and environmentally protective plan for the future,” said Rep. Carolyn Dykema (D-Holliston). “Cases of EEE and WNV are on the rise and we need to be vigilant,» said Rep. Josh Cutler (D-Duxbury). “Mosquitoes don’t stop at the town line, so having a coordinated, statewide approach is necessary. This legislation also ensures that voices of farmers, and the impacts on our water supplies and organic agriculture are included.” During the hearing on the original version of the legislation in May, many groups and individuals testifi ed against the bill. They expressed concern about land, rivers and wetlands conservation, organic agriculture, wildlife and exposure to toxic chemicals. About 20 minutes after the House approved the bill, public health offi cials announced that this year’s fi rst case of WNV has been found in mosquitoes collected in Belmont. No human or animal cases have yet been identifi ed. The DPH has advised residents to protect themselves by using mosquito repellents with an EPA-registered active ingredient; wearing long pants, a long-sleeved shirt and socks when outdoors; keeping mosquitoes out of your home by repairing any holes in your screens and making sure they are tightly attached to all your doors and windows; and removing areas of standing water around your home. More details on how to protect yourself can be found at https:// www.mass.gov/service-details/ west-nile-virus-wnv (A “Yes» vote is for the bill.) Rep. Bob DeLeo Yes Rep. RoseLee Vincent Yes HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been fi led. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session. During the week of September 28-October 2, the House met for a total of 27 minutes while the Senate met for a total of 24 minutes. Mon. Sept. 28 House 11:03 a.m. to 11:13 a.m. Senate 11:26 a.m. to 11:35 a.m. Tues. Sept. 29 No House session No Senate session Wed. Sept. 30 No House session No Senate session Thurs. Oct. 1 House 11:00 a.m. to 11:17 a.m. Senate 11:13 a.m. to 11:28 a.m. Fri. Oct. 2 No House session No Senate session Bob Katzen welcomes feedback at bob@beaconhillrollcall.com Are there any resources that you know of that can help seniors detect fake news? My 75-year-old mother shares a lot of misinformation with her family and friends that she sees on Facebook. I’ve talked to her about it, but for some reason she has a diffi cult time deciphering real news from fake news and propaganda. Frustrated Daughter Dear Frustrated, Unfortunately, the digital misinformation problem your mom is experiencing is not uncommon. According to researchers from Princeton and New York University, people aged 65 and older are up to seven times more likely to share fake news and dubious links on social media than their younger counterparts. Why? There are several theories. The fi rst is that many seniors started using social media sites like Facebook only within the past fi ve or six years and may lack the digital literacy skills to identify false or misleading content. Some other possible theories are that most seniors experience some cognitive decline as they age, making them more likely to fall for hoaxes. Many older Americans also suff er from chronic loneliness which can cause them to share misinformation as an attempt to make connections with other people. And studies have shown that older people are generally more trusting than younger generations, which can make them more gullible. All this is particularly concerning now as we sit in the midst of a global health pandemic and a 2020 election season, both of which are ripe with misinformation, rumors and conspiracy theories. And seniors are prime targets of this false/misleading information because they are much more likely to vote than their younger cohorts and are much more vulnerable to getting sick and dying if they contract COVID-19. Where to Get Help To help your mom detect and combat online misinformation there are several great resources she can turn to that off er free courses and tips. One is MediaWise for Seniors, a project of the Poynter Institute, which off ers two free online courses to help seniors detect and combat online misinformation – see Poynter.org/mediawise-for-seniors. The fi rst four-week course has already fi lled up, but your mom can still enroll in a self-directed course called “Hands-On Lessons to Separate Fact and Fiction Online.” It is hosted by Christiane Amanpour and Joan Lunden, and is scheduled to begin Sept. 24, but she can take the course anytime. In addition, Poynter has worked with AARP to produce Fact Tracker interactive videos and a webinar on spotting and fi ltering misinformation at AARP. org/facttracker. Some other free course options you should look into include Senior Planet, which is offering a one-hour online course on “How to Spot Fake News” at SeniorPlanet.org. The News Literacy Project that provides the Checkology virtual classroom, which was initially created for middle and high school students, is now off ering an independent learners option that is ideal for older adults – see Get.Checkology.org. Their lessons will help your mom detect the difference between news, opinion and propaganda. Coursera, a free world-wide online learning platform, which offers an in-depth six-week course called “Making Sense of the News: News Literacy Lessons for Digital Citizens,” which she can access at Coursera.org/ learn/news-literacy. There are also many good websites, like PolitiFact.com, Snopes.com and FactCheck.org that will let your mom fact check a story to help her identify fact versus fi ction. These sites have most likely already fact-checked the latest viral claim to pop up in her news feed. Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book.

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