Page 18 THE SAUGUS ADVOCATE – FriDAy, JUly 19, 2024 SOUNDS| FROM PAGE 16 Food Pantry notes The Saugus United Parish Food Pantry is open today (Friday, July 19) from 9:30-11 a.m. at 50 Essex St. in the basement of Cliftondale Congregational Church. Legion Breakfasts over for summer American Legion Post 210 would like to thank all those who made the 2023-24 breakfast season such a success, and wish them a wonderful summer. We will resume serving breakfast on Friday, September 6, 2024. “Shout Outs” to the library and others Selectman Corinne Riley offered this “Shout Out” this week: “I want to ‘shout out’ the Director of the Saugus Public Library, Alan Thibeault, and the head of the Children’s Department, Amy Melton for the summer reading program, and all the wonderful events created for the children and adults as well – from summer reading to art projects to concerts at the Iron Works. Many projects obviously need funding, so a huge thank-you to the New Friends of the SPL, as well as the Saugus Cultural Council for their generous donations and grants to help with the cost of these events. The Library is a treasure and without the employees and the wonderful volunteers that donate their time to support it, it wouldn’t be as enjoyable and successful as it is!” Board of Selectmen Chair Debra Panetta offered this “Shout Out” for Janice Jarosz, who has been filling the void left in the Board of Selectmen’s Office since the death of the selectmen’s clerk Wendy Reed more than three years ago: “I am very grateful for Janice stepping in and helping the Board of Selectmen after the sudden passing of our long-time clerk, Wendy Reed. I appreciate everything Janice has done and continues to do for our Town. Thank you.” An Extra Shout Out from Michael & Marie Boudreau: “We want to thank all those involved in making the Saugus Senior Center a welcoming place. It offers many activities, events, lunch, special programs, classes, etc. The Center has amazing volunteers who help out at lunch, (serving and cleaning up) and other areas. “Director Laurie Davis, her Staff, Kitchen workers, Council on Aging Board Members and The Friends of The Saugus Senior Center all have a positive impact on the daily operations. “And a big thank you to all who come to the Center and enjoy all that it offers. “Many Blessings “Poet: Catherine Pulsifer “Your thoughtful caring ways “Impacts many people’s day. “You make a difference in people’s lives “Helping them to thrive. “Your smiling face brightens our day “You influence us to look at life in a positive way. “You are always willing to lend a hand “To do what is right and take a stand. “Thank you for everything you do “We couldn’t get along withSETTLOR CONTROL OVER AN IRREVOCABLE TRUST I n determining whether the principal of an irrevocable Trust can be withdrawn by the Settlor, or given to the Settlor by the Trustee, or is in any other way “available” to the Settlor when seeking eligibility for MassHealth benefits or SSI benefits, the fact that the Settlor may reserve some rights or powers over the irrevocable Trust should not be a relevant factor. If Congress had made a determination that any aspect of a Settlor’s control over an irrevocable Trust would affect whether or not the assets housed in such a Trust would be countable for MassHealth or SSI purposes, it would have specifically stated so in federal Medicaid and SSI Trust laws. Congress has not so stated. Congress has long been aware that a Settlor can reserve different aspects of control over an irrevocable Trust. When Congress passed the Internal Revenue Code of 1954, many years prior to passing the current Medicaid Trust laws in 1985 and 1993, Congress had already dealt with control by Settlors in the Trust income taxation area with the well-known “grantor-type” Trust rules. The provisions of Internal Revenue Code sections 671-679, the “grantor-type” Trust rules, are very detailed, and indicate that Congress is very much aware that there are many varieties of Trust provisions where Settlors can reserve varying degrees of control over irrevocable Trusts. In proper statutory interpretation of federal laws, Congress is presumed to know about other laws it has passed. In the Medicaid context, if Congress had been concerned about trust control issues and wanted state agencies, such as MassHealth, to make a complicated review of irrevocable Trusts, Congress could have simply pointed to the “grantor-type” Trust rules. When passing federal Medicaid Trust laws, Congress did not indicate concern for control issues by making any cross-reference to the grantor-type Trust rules, or inserting provisions directly in the federal Medicaid Trust law prohibiting any degree of control by the Settlor. When passing federal Medicaid Trust laws, Congress simply allowed each state to implement their own debtor-creditor laws. MassHealth had been attempting to redefine well-settled Trust law in an attempt to deny MassHealth benefits. Its legal department was attempting to stretch any legal theory it could come up with to the point of the theory being nonsensical. From a pure Trust law standpoint, the vast majority of Elder Law/ Trust Law attorneys believe that these attempts to interpret Trust law in such a way as to achieve MassHealth’s end goal of not approving MassHealth applications, represented a lack of good faith and a definite lack of administration consistency on the part of MassHealth. Elder Law attorneys depend upon consistency by hearing officers who end up reviewing irrevocable Trusts and rendering decisions on the countability of assets housed in them for eligibility purposes. The bar advocacy for applicants has done an outstanding job in Massachusetts over the last ten years in finally achieving the goal of having clients being able to successfully transfer assets to irrevocable trusts that are properly drafted without having to deal with continuous challenges by MassHealth based upon unjustifiable legal positions. Asset protection planning is a perfectly permissible objective of any family. I have yet to have a tax client come to my office and say to me “I want to pay more in income taxes this year than the law requires me to”. Joseph D. Cataldo is an estate planning/elder law attorney,Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. out you. “May many blessings come back to you “For all you say and all you do.” Want to “Shout Out” a fellow Saugonian? This is an opportunity for our paper’s readers to single out – in a brief mention – remarkable acts or achievements by Saugus residents or an act of kindness or a nice gesture. Just send an email (mvoge@comcast.net) with a mention in the subject line of “An Extra Shout Out.” No more than a paragraph; anything longer might lend itself to a story and/or a photo. Birding made accessible Join us on Sunday, July 28, 2024, at Saugus Iron Works National Historic Site for an introduction to birding! Partnering with Birdability, the Latin Heritage Internship Program (LHIP) and Environment for the Americas, we are hosting a special event focused on making birding accessible for everyone. From 9:00 a.m. to 12:00 p.m., enjoy activities including arts and crafts and a bird call introduction. Download the Merlin Bird ID app from Cornell (https:// merlin.allaboutbirds.org/ download/) to help identify the birds you see and hear. All are welcome – no prior birding experience needed. Binoculars and sensory aids will be available. Dress for the weather and come explore the local bird population with us! Address: Saugus Iron Works National Historic Site, 244 Central St., Saugus, Mass. For information, visit our website: https://go.nps.gov/saugus-birding July Events at the Kowloon Here’s what’s happening this month at the Kowloon Restaurant: JULY 19: CONCERT SERIES: BACK TO THE 80s – 7 p.m. – Free General Admission or $10 Reserved Seating. JULY 20: TAYLOR DAYNE with THE ORIGINAL COVER GIRLS – 8 p.m. – $69 General Admission, $79 Reserved Seating, $120 Premium Seats, Early Admittance, Buffet & Host Bar. JULY 21: SUNDAY COUNTRY NIGHT LIVE: SAMANTHA RAE – 6 p.m. – Free General Admission or $10 Reserved Seating. JULY 24: BINGO NIGHT with DJ TOMMY – 7 p.m. – Free General Admission. JULY 26: CONCERT SERIES: PERFECT EXAMPLE – 7 p.m. – Free General Admission or $10 Reserved Seating. JULY 27: CONCERT SERIES: WILDFIRE – 7 p.m. – Free General Admission or $10 Reserved Seating. JULY 31: BINGO NIGHT with DJ TOMMY – 7 p.m. – Free General Admission. For all tickets, call the Kowloon Restaurant at 781-2330077 or access online at www.kowloonrestaurant. com What ’s breaking at Breakheart On Thursdays now through August, the Visitor Center will host a Wild Breakheart Series from 10–11 a.m. Join us for this rotating nature series as we explore different aspects of Breakheart! Meet outside the Visitor Center; rain cancels. During July, it will be Tree ID – explore the park and discover what trees are in the park and how to identify them. In August, park visitors can participate in Animal Exploration – enjoy discovering what animals call Breakheart home! On Saturdays now through August, there will be an Easy, Breezy, Beautiful Hike from 1:30–3:30 p.m. Join the Park Interpreter for this weekly guided hike! Each trip will highlight natural and historic features that make Breakheart unique. Hikes will be moderately paced and range from two to three miles over sometimes uneven and rocky terrain; best for ages eight years and up. THE SOUNDS | SEE PAGE 19
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