THE SAUGUS ADVOCATE – FriDAy, NOVEmbEr 3, 2023 Page 19 Board of Health Chair Heffernan steps down because of global job demands By Mark E. Vogler L ongtime Board of Health Chair Bill Heffernan resigned late last week, citing a job promotion that will involve worldwide travel. Heffernan has served as chair for eight of his nine years on the board. “I have been promoted to SPECIAL NEEDS TRUSTS Special 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 long-term care exDirector of Global Operations for medical consumables at Philips Healthcare,” Heffernan advised Town Manager Scott C. Crabtree in his resignation letter. “My new professional responsibilities will result in an increased travel schedule with potential to be on the road for consecutive months at a time. I simply cannot lead or serve on the board without knowing I can provide 100% support at each and every meeting,” Heffernan said. “It’s been an honor and a privilege to serve on the Board of Health in the town I was born and raised and still reside to this day. I feel I am leaving the Board in great shape with people that have proven to have the best interests of the town, and its residents, at heart,” he said. Heffernan is a 1991 Saugus High School graduate and received his Bachelor of Science degree in Biomedical Engineering from the University of Vermont. He intends to keep his Saugus residence and maintain ties to his hometown community. “I’m sorry to have to leave the board, but this new position is going to have me traveling all over the world on a regular basis,” he said. Carpenito Real Estate is now B Local real estate powerhouse joins forces with berkshire Hathaway HomeServices Commonwealth real Estate erkshire Hathaway HomeServices Commonwealth Real Espenses. 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 masters degree in taxation. tate, a division of Commonwealth Realty Group, LLC, announced the acquisition of Carpenito Real Estate, a trusted, full-service real estate brokerage serving Saugus and Northeastern Massachusetts. The partnership combines a highly respected and well-established local real estate company with the credibility and broad reach of the Berkshire Hathaway HomeServices brand, creating an even stronger presence in Northeastern Massachusetts. Founded in 1997 by Wendy and John Carpenito, Carpenito Real Estate is a cornerstone of the local Saugus real estate market. It is known for its unwavering commitment to clients and deep understanding of the local market. It has been the number one listing and selling office for 21 consecutive years. “We and our agents love what we do and will continue to serve our community with the best technology and services by partnering with Berkshire Hathaway HomeServices Commonwealth Real Estate,” said Wendy Carpenito. We are extremely proud of the company we built with our agents. We have never taken our reputation for granted and will continue striving to provide our clients with the best current real estate trends and services. Our clients will always be our top priority.” “We are thrilled to welcome Wendy, John, and the Carpenito Real Estate team to the Commonwealth family,” said Commonwealth Realty Group, LLC’s Managing Partner, George Patsio. “This partnership is a testament to our unwavering commitment to the future, our clients, and the continued growth and success of Commonwealth Real Estate. We are eager to embark on this new chapter and warmly welcome all Carpenito Real Estate agents and clients.” Saugus Birthday Celebrations OCTOBER 2023 BIRTHDAYS: The Senior Center celebrated the collective birthdays of the month for nine Saugonians last Friday (Oct. 27). Pictured from left to right, the celebrated seniors were Anthony Rattieri, John Skane, Dom Amara, Diane Tiro, Lynette Terrazzano, Linda Ingeneri, Frances Rogers, Bill Buchan and Carolyn Morris. (Courtesy photo to The Saugus Advocate) T he Senior Center ended October in grand style last Friday, honoring nine Saugus residents who shared October as their birthday month. Birthdays are always special occasions at the Saugus Senior Center. The center likes to recognize the seniors’ birthdays on the last day of the month with a collective birthday celebration. They receive a free lunch, cake, ice cream and a souvenir group photo.
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