Areas of Concern

Act Preserving Special Needs Trusts for Disabled Seniors (SD1400/HD769) This bill would enable disabled seniors to continue to use special needs pooled trusts without penalty to pay for important services and care not covered by MassHealth.  On the death of the disabled beneficiary, trust assets are to reimburse the State for MassHealth benefits paid (with a small amount paid to the non-profit administering the pooled trust); more than $8 million dollars reimbursed last year.

The WBA supports 1. An Act Relative to Determining the Best Interest of Children In Probate and Family Court (SD271/HD3432) which would provide judges guidance that is child friendly factors and 2.

An Act Relative to Healthy Youth (SD579/HD827) which, for schools providing sexuality education, requires a age-appropriate, medically accurate sexual health curriculum, including making healthy decisions about relationships and sexuality.  

The WBA/MBA/BBA-drafted bill (SD509) modernizes property rights of surviving spouses; under current law a spouse has stronger rights to marital property if s/he divorces rather than stays married.  The bill provides safeguards against evasion, notice, right to know the decedent’s assets and procedural rules absent from current law.