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Page 18 THE MALDEN ADVOCATE–Friday, November 3, 2023 MelroseWakefield Hospital celebrates Halloween with its tiniest patients I t was all treats at MelroseWakefield Hospital on Halloween! Newborns celebrated their first Halloween on the mother/baby and special care nursery units. MUSINGS | FROM PAGE 6 SPECIAL NEEDS TRUSTS S pecial needs trusts are often referred to as supplemental needs trusts. The name used isn’t so much important as are the terms of these trusts. A special needs trust funded with assets of a disabled individual as a result of an inheritance or judgment in a lawsuit is often referred to as a sole benefit trust. Assets in such a trust must be utilized for the sole benefit of the special needs individual. The special needs individual can now be the Settlor of his or her own sole benefit trust. It is no longer a requirement for such a trust to be created by a parent, legal guardian or probate court. These are what we call first party trusts as the trusts are created by the special needs individual with his or her own assets. The first party trust must contain a payback provision to MassHealth upon the death of the special needs individual if, for example, her or she was receiving MassHealth benefits. If there is money left over after MassHealth is paid back, the remaining monies can be distributed to family members pursuant to the terms of said trust. A third party trust, on the other hand, is created by a parent, for example, with the parent’s own assets. A third party trust is less restrictive than a first party trust and there is no payback provision to MassHealth upon the death of the special needs child. Any monies remaining will be distributed to the remainder beneficiaries pursuant to the terms of the trust. If a parent was transferring assets to a special needs trust in order to qualify for MassHealth long-term care by reducing countable assets to $2,000 or less, MassHealth will require the Trust to contain a payback provision in order that MassHealth gets paid back for all of the expenditures it made for the parent’s longterm care expenses. Any monies remaining in the trust upon the parent’s death would then be available to provide for the special needs child’s care. Also, keep in mind all of these special needs trusts are designed to supplement the special needs child’s care, but not to supplant any governmental benefits being received by the child. A trustee needs to be very careful when administering a first party special needs trust. If expenditures are not made consistent with the law, the special needs child could either have public benefits reduced or lost altogether. There is more flexibility when administering a third party special needs trust in terms of expenses paid for. A trustee should keep very accurate records of trust receipts and disbursements and should be transparent with the special needs child and family members that may be involved in the child’s care. Investments should be prudent and disbursements should always take into account the child’s live expectancy, standard of living, etc. The trustee, if at all possible, would like to make sure that the special needs child does not outlive the funds in the trust. Taking on the role of a trustee in these situations needs to be taken seriously. Money can never be spent willy nilly. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. ball at Bruce Field as a 10-yearold with childhood friends Jimmy Damiano, Charlie Femino and Mike Scibelli, eventually graduating to the Bandstand in my mid-teens. Too many good times at Devir Park to recount. I still consider it my second home. Truth be told, back in the old days, Devir Park took on a different persona when the sun set. Unlike daylight hours when all were welcome, nighttime was by invite only. You had to have a connection: an older brother or cousin; you had to be from the neighborhood; or you had to be familiar with the traditional Devir Park pecking order. Sometimes you needed all three to join in on the fun. This afterhours hang was generational, handed down instinctually from one generation to the other. The young’uns knew enough to leave the Bandstand to the big kids until they said it was okay to join in or until they decided to vacate – for a house party, night club or up to Amerige or the Rez for more “privacy.” You waited patiently until it was your time to sit on those beerdrenched steps. So, with that said, I present to you a look at the flip side of our childhood at Devir Park. Not everybody felt warm and fuzzy about the hijinks that went on there. The Malden Evening News was our trusted source of information back when they were located on Ferry Street and David Brickman was our Walter Cronkite – no fake news. They ran a column called “Our Readers Write...Gripes, Groans, and Cheers.” It allowed Maldonians the opportunity (before social media reared its ugly head) to weigh in on anything their little hearts desired. “Mr. & Mrs. Name Withheld Upon Request” made quite a splash with the Devir Park Bandstand denizens when the letter below was originally printed in 1972. Speculation ran wild during that humid summer on who the letter writer was. Here for your reading pleasure is that same letter which caused such a ruckus those many years ago: “Devir Park Rowdies Draw Harsh Complaint “Whatever happened to the citizen’s right to quiet and peace in the night, or for that matter, the law that is supposed to guarantee against the breaking of the peace. “Ask the Mayor’s Office, Police Dept., the Registry of Motor Vehicles, or your local political reps. I did and found a not too lovely ring of undelegated authority; no one wants to take the reality of the situation; they all seem to pretend that it doesn’t exist or else is someone’s responsibility other than themselves. “The disturbances of the peace that I speak of are the loud, obscene shouting of what I would term potential class one bums, who constantly make their headquarters about Devir Park in Malden at the Medford line at night. “I am complaining about their illegal use of horns and loud mufflers on vehicles; drinking in vehicles and in the park; breaking of bottles; racing and screeching brakes; public urinating; obstructing and blocking traffic; loud radios and shouting; constant defiance of park rules, and the rights of their fellow citizens to peace in the night; and God only knows what else may be happening at all hours of the night. And I mean until two or three in the morning, practically every evening. “I also am complaining about the parents who drop their offspring off so they may join the night with their chums’ loud voices. The police on duty who I think are trying to do their jobs as best they can, say they can’t remove licenses or registrations for motor vehicle law breaking, nor can they arrest for loitering in the public park after dark. They say they can only suggest these people move on. Usually, this means to move to another position or to another night as I see it. “The police are weary of responding to calls that place them a little above a wearying babysitting duty. The mayor’s office decides that this is strictly a police situation and doesn’t seem to care about the cost to the taxpayers or police necessity to make repetitive calls every evening. The local rep makes an attempt to speak to some of these people periodically, prodded by citizens’ sharp and persisting complaint. “I was told that it will not do any good to make arrests, the very good judge just won’t cooperate with police or allow the citizens the peace that the city ordinances are supposed to guarantee. “Why can’t the mayor have installed and posted no parking signs around the park area at night which state a fine on parked vehicles. Maybe the mayor could install a no loitering at night rule in public parks to read ‘no loitering or around the streets directly adjacent to the park’ and throw in a fine payable immediately. Also, enable police to deliver people under 18 to their parents and present their parents with the fine. On the other hand, if they insist park areas to be open ’til three in the morning at least station a police officer to uphold the law and guarantee the peace. “Also, this stupidity of allowing public drinking on the streets or in parked cars or in city parks should cease especially when young boys and girls are involved with older people.” (Name on file but withheld by request)” Postscript: The Golden Tornadoes Sports Hall of Fame Induction Banquet is always a fun time! This year it is at Anthony’s on Canal Street on Saturday, November 18: reception at 6, dinner at 6:30, ceremony at 7. Tickets are $60 with a table of 10 going for a measly $550. This year is a special year because it features none other than my big brother Joe. Joe is the City of Malden Recreation Director (and much more) and is being inducted as a “Distinguished Service” inductee for his (basically) lifetime of involvement with Malden High School (and beyond) athletes. A mentor to generations of MHS student athletes – Joe’s dedication to the youth of Malden is legendary. Joe and Dana Brown brought the girls basketball program back to life in the 1990s, inspiring generations of girl athletes to go on and excel well after high school. Inspiring those generations to give back to the city, just as Joe has for decades now. Leading by example. Congratulations, “Chills!” MUSINGS| SEE PAGE 23

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