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THE SAUGUS ADVOCATE – FriDAy, SEpTEmbEr 5, 2025 Page 19 Sa nr Sa a THE FOURNIER MASS SUPREME JUDICIAL COURT CASE T his July 23, 2021, decision by the Massachusetts Supreme Judicial Court (SJC) upheld well settled Trust law and has provided the elder bar with more certainty in drafting irrevocable trusts in the context of Medicaid planning. MassHealth’s legal department could not persuade the SJC that a special or limited power of appointment contained in the applicant’s irrevocable trust caused the trust principal to be countable thereby resulting in ineligibility for MassHealth benefi ts for the applicant. The SJC cited the Restatement (Third) of Property: Wills and Other Donative Transfers, Section 17.2 (2011) and many Superior Court and Appellate Court cases as grounds for its decision against MassHealth. The benefi ts of this SJC case for the elderly in Massachusetts are profound. MassHealth had, for a period of about 10 years or so, been attacking almost any provision contained in an irrevocable trust in order to deny MassHealth benefi ts, even though so many of its legal arguments had been in complete contradiction with well settled case law and statutory law. Its arguments had seemed to be more based upon its own ideology as to desired outcomes as opposed to them being based upon the actual law. In the Fournier case, the applicant and her husband were the Settlors of an irrevocable trust. There was a provision in the trust granting the applicant, during her lifetime, SOUNDS | FROM PAGE 18 source Fair to be held on Friday, Sept. 19, from 10 a.m. to 1 p.m. at the Saugus Senior Center (466 Central St.). There will be a variety of health organizations that will off er free health screenings, educational tables, givea limited power of appointment to appoint all or any portion of the trust principal to a nonprofi t or charitable organization over which she has no controlling interest. MassHealth argued that the applicant could appoint the trust principal to a nonprofi t nursing home in order to pay for her nursing home care, and as a result, the entire principal of the trust was countable thereby making the applicant ineligible for MassHealth benefi ts. The SJC went on to state that since the applicant possessed a special or limited power of appointment, she could not appoint an otherwise permissible benefi ciary in any way that could benefi t herself. As a matter of trust common law, statutory law and case law, a special or limited power of appointment, by defi nition, can never be utilized by the Donee of the power to benefi t himself or herself in any way. After MassHealth appealed the Superior Court decision, the SJC took the case directly from the Superior Court thereby bypassing the Appeals Court altogether. The SJC also made it clear aways, raffl es and much more. This is a free event and open to the public for all ages. KOC Flea Market Sept. 27 The Knights of Columbus Council 1829 of Saugus will be holding a Festive Indoor Flea Market and Craft Fair on Saturthat a use and occupancy provision contained in an irrevocable trust likewise did not make the trust principal countable. The decision also made it clear that a trust instrument must be read as a whole in order to determine the Settlor’s intent when he or she executed the document. Trust provisions should not be read in isolation. Rather, they should be read in the context of reading the Trust instrument as a whole. Only then can you determine the Settlor’s intent when creating the Trust. This was an impactful opinion rendered by the SJC based upon excellent legal reasoning. A provision in an irrevocable Trust providing for the Settlor to use, occupy and possess the underlying real estate is key to being able to claim a residential real estate tax exemption in a City or Town that provides for one, without the necessity of reserving a life estate in the deed going into the irrevocable Trust. A provision in an irrevocable Trust allowing for the Trustee to distribute principal to a class of benefi ciaries consisting of the descendants of the Settlor likewise would be upheld based upon the Fournier case reasoning, as the Settlor would not be able to benefi t from such a provision and would not, under any circumstances, have a right to receive any principal distributions. 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 masters degree in taxation. day, Sept. 27, from 9 a.m. to 3 p.m. at the KOC Hall at 57 Appleton St. in Saugus. Vendors/ dealers will be charged $30 per space; one table and chairs provided. Please submit payment as soon as possible. For THE SOUNDS | SEE PAGE 22 y Senior Seni by Jim Miller Tips and Treatments for Restless Leg Syndrome Dear Savvy Senior, What can you tell me about restless leg syndrome? Over the past year or so I’ve developed an uncontrollable urge to move my legs because of an annoying tingling sensation, and it’s keeping me awake at night. Always Tired Dear Tired, If an irresistible urge to move your legs has you kicking in your sleep, then chances are pretty good you have restless leg syndrome (or RLS), a condition that aff ects about 7 to 8 percent of Americans. Here’s what you should know. RLS, also known as Willis-Ekbom Disease, is a nervous system problem that causes unpleasant or uncomfortable sensations (often described as a creepy-crawly, tingling, itching, aching throbbing, pulling or electric feeling) and an irresistible urge to move one or both legs while you’re sitting or lying down, and the symptoms usually get worse with age. It typically happens in the evenings or nights while resting. Moving eases the unpleasant feeling temporarily. While RLS is not a life-threatening condition, the main problem, other than it being uncomfortable and annoying, is that it disrupts sleep, leading to daytime drowsiness, diffi culty concentrating and even depression. What exactly causes RLS is not known, but researchers suspect it could be linked to several things including iron defi ciency, an imbalance of the brain chemical dopamine, and genetics – about 60 percent of people with RLS have a family member with the condition. Treatments While there’s no cure for RLS, there are things you can do to alleviate the symptoms. The fi rst line of defense is usually to avoid certain substances like alcohol, caffeine, nicotine and refi ned sugar, which can aggravate the problem. Certain drugs including antinausea drugs, antipsychotic drugs, some antidepressants, and cold and allergy medications containing sedating antihistamines can also make RLS worse. If you take any of these medications, ask your doctor or pharmacist if something else can be taken. Iron and magnesium defi ciencies are also believed to be contributors to RLS, so make an appointment with your doctor and get a blood test to check for this. If you test positive for iron and/ or magnesium deficiency, your doctor may recommend supplements. You may also benefi t from selfcare treatments such as leg/calf stretches and massage, hot baths or applying hot or cold packs to the affected area. Pressure can also be eff ective for some people, so you may want to try wearing compression socks. Getting moderate, regular exercise like walking, cycling, water aerobics and yoga can relieve symptoms too, but overdoing it or exercising late in the day may intensify them. Medications If the previously listed tips and self-treatments don’t reduce your RLS, there are various medications your doctor can prescribe that can help, including: Anti-seizure drugs: These medications aff ect nerve cell activity to reduce symptoms. Examples include gabapentin enacarbil (Horizant), gabapentin (Neurontin) and pregabalin (Lyrica). Dopaminergic medications: These drugs, which are taken before bedtime, work by increasing dopamine, a chemical in the brain which helps reduce RLS. Examples are ropinirole (Requip), pramipexole (Mirapex), and the transdermal patch rotigotine (Neupro). But be aware that while these drugs, taken short-term are eff ective, longterm use can make symptoms worse. The anti-seizure medicines have become a fi rst-choice drug treatment option for most doctors because they seem to be as eff ective as the dopaminergic medications, with fewer side eff ects. Sometimes, other medications like benzodiazepines – alprazolam (Xanax), clonazepam (Klonopin), diazepam (Valium) – may be prescribed for more restful sleep, but they don’t eliminate the leg sensations, and they can be addictive so it’s best to avoid them if possible. For more information, visit the Restless Legs Syndrome Foundation at RLS.org. 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. nior ior

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