Product Description

Recent updates:

• Update: September 2023

  Dear Subscriber,

  This first edition of Elder and Disability Law in Massachusetts continues the tradition of Estate Planning for the Aging and Incapacitated Client in Massachusetts . This book updates and expands on topics covered in its predecessor publication, while adding new chapters of particular interest to estate planning for both elders and persons with disabilities. Inside, you will find coverage of thousands of practical tips and insightful analyses on case decisions, statutes, regulations, and other authoritative sources pertinent to elder and disability planning, including current material on the following subjects:

  • Undue influence. Chapter 5 addresses the lawyer's duties in representing a client who is experiencing improper or undue influence that puts them at risk, whether the means be physical force, duress, threats, or other forces. Practical insights are offered on how to prevent, ameliorate, or litigate undue influence.

  • Ethics issues in representing elders. See chapter 6 for caveats related to stereotyping elderly clients, navigating the family relationship, and handling joint representation. Discussion includes diminished capacity and the attorney's duties of loyalty and confidentiality, the retention and discharge of counsel, proceedings against nonclients, and aspects of the power of attorney role.

  • Special needs trusts and ABLE accounts. Chapter 39 begins with a review of self-settled trusts generally, then goes on to describe the elements of self-settled and third-party special needs trusts. It discusses trust protector provisions and concludes with a discussion of VA benefits and ABLE Accounts.

  • Trusts in the MassHealth context. Chapter 38 addresses the role of trusts in estate planning where an objective is to preserve eligibility for MassHealth benefits. Background is provided on OBRA '93 legislation and how Massachusetts has interpreted the law. Particulars of trusts established for disabled individuals and those established with transferred assets are discussed.

  • Tax considerations regarding trusts. Among the topics covered in chapter 40 are income tax planning for Medicaid trusts and estate and gift tax planning for such trusts, taxation of testamentary trusts, taxation of trusts established by the beneficiaries of gifts, and the treatment of pretax retirement accounts.

  • Property tax relief. Chapter 38 addresses real estate tax exemptions, abatements, and deferrals for older persons, their spouses, minor children, veterans, blind persons, and those experiencing hardship.

  • Resource planning for MassHealth coverage. This expansive topic is addressed in detail in chapter 34 (Protecting the Community Spouse), chapter 35 (Reducing Excess Assets), chapter 36 (Transfers of Resources), and chapter 37 (Protecting the Home).

  We at MCLE trust that you will find this new edition useful in your estate planning practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Ballot Access for Candidates

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Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division

Checklist 1.1

- Checklist for Gathering Signatures Buy Form

Checklist 1.2

- Candidate Checklist Buy Form

Exhibit 1A

- Residence and Signature Requirements Buy Form

Exhibit 1B

- Statewide Office Elections Schedule: 2016–2024 Buy Form

Chapter 2 expand

Voter Registration

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Lauren F. Goldberg, Esq., KP Law, PC

Exhibit 2A

- 950 C.M.R. § 49.00: Confidential Voter Registration Buy Form

Exhibit 2B

- 950 C.M.R. § 57.00: Voter Registration Buy Form

Chapter 3 expand

State and Local Political Parties

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James Roosevelt, Jr., Esq., Verrill Dana LLP

Chapter 4 expand

Nominations, Caucuses, and Primaries

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Lauren F. Goldberg, Esq., KP Law, PC

Exhibit 4A

- Massachusetts Election Statistics, Public Document 43, pp. 4–5 Buy Form

Exhibit 4B

- Example Town Election Schedule Buy Form

Exhibit 4C

- Calendar for Primary and Election Buy Form

Exhibit 4D

- Calendar for Preliminary Election Buy Form

Exhibit 4E

- Calendar for Political Party Caucus in Which Official Ballots Are Not Used Buy Form

Exhibit 4F

- Calendar for Political Party Caucus in Which Official Ballots Are Used Buy Form

Exhibit 4G

- Calendar for Nonpartisan Caucus and Election Buy Form

Chapter 5 expand

Initiative Petitions, Referenda, and Other Ballot Questions

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Paul A. Lazour, Esq., Law Office of Paul A. Lazour
Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division

Exhibit 5A

- Comparison of Key Features of Various Ballot Questions in Massachusetts Buy Form

Chapter 6 expand

Pre-election Administration

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Rebecca S. Murray, Esq., Public Records Division, Commonwealth of Massachusetts

Exhibit 6A

- Confidential Voter: Certificate of Affirmation Buy Form

Exhibit 6B

- Confidential Voter Registration Receipt Buy Form

Exhibit 6C

- Confidential Voter: Certificate of Confidential Registration Buy Form

Chapter 7 expand

Election Day Administration

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Lauren F. Goldberg, Esq., KP Law, PC

Exhibit 7A

- Sample of Polling Place Setup Buy Form

Exhibit 7B

- Clerk’s Record Regarding Election Buy Form

Exhibit 7C

- Example Affirmation of Current and Continuous Residence Buy Form

Chapter 8 expand

Candidate’s Recourse: Election Law Requirements, Violations, and Remedies

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Burton A. Nadler, Esq.,

Chapter 9 expand

State Ballot Law Commission

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Paul A. Lazour, Esq., Law Office of Paul A. Lazour

Exhibit 9A

- 950 C.M.R. § 59.00: State Ballot Law Commission: Adjudicatory Proceedings Buy Form

Chapter 10 expand

Redistricting in Massachusetts

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Paul A. Lazour, Esq., Law Office of Paul A. Lazour
H. Reed Witherby, Esq.,

Chapter 11 expand

Related Federal Laws

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Lauren F. Goldberg, Esq., KP Law, PC
Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division

Exhibit 11A

- Registry of Motor Vehicles Application for License Buy Form

Exhibit 11B

- Mail-In Voter Registration Form—State (English and Spanish) Buy Form

Exhibit 11C

- Sample Agency Voter Registration Form Buy Form

Exhibit 11D

- Application to Mail at Nonprofit Standard Mail Rates Buy Form

Exhibit 11E

- Federal Write-In Absentee Ballot for General Elections Only Buy Form

Exhibit 11F

- 950 C.M.R. § 51.00: Polling Place Accessibility for Elderly and Handicapped Voters Buy Form

Chapter 12 expand

Introduction to the Office of Campaign and Political Finance and the Campaign Finance Law

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Gregory H. Birne, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts

Chapter 13 expand

Contributions and Expenditures

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Gregory H. Birne, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Maura D. Cronin, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts

Exhibit 13A

- OCPF M-07-01: Memorandum on Use of Bulk Mail Permits by Candidates and Political Committees (Revised Feb. 25, 2015) Buy Form

Exhibit 13B

- OCPF-IB-04-01: Interpretive Bulletin on the Use of the Internet and E-Mail for Political Campaign Purposes (Revised Oct. 7, 2014) Buy Form

Exhibit 13C

- OCPF Annual Campaign Contribution Limits Chart Buy Form

Exhibit 13D

- OCPF-IB-82-01: Interpretive Bulletin on the Applicability of Massachusetts Campaign Finance Law to Unregistered Political Groups and Non-Massachusetts Political Committees (Revised June 21, 2019) Buy Form

Exhibit 13E

- OCPF M-04-01: Memorandum on Contributions to Political Committees by Credit or Debit Card (Revised Jan. 11, 2019) Buy Form

Exhibit 13F

- OCPF M-89-02: Memorandum on Federal and State Tax Issues for Political Committees (Revised Feb. 27, 2019) Buy Form

Exhibit 13G

- OCPF-IB-10-03: Interpretive Bulletin on Independent Expenditure Political Action Committees (Revised July 24, 2019) Buy Form

Exhibit 13H

- OCPF M-15-01: Memorandum on Joint Fundraising and Joint Campaign Activities Buy Form

Exhibit 13I

- OCPF M-97-03: Memorandum on Expenditures for Automobile Use (Revised Sept. 24, 2019) Buy Form

Exhibit 13J

- OCPF M-97-02: Memorandum on Expenditures by Legislative Candidates for Automobile Use (Revised Sept. 24, 2019) Buy Form

Exhibit 13K

- OCPF M-98-03: Memorandum on Use of Candidate’s Personal Funds for Campaign (Revised June 4, 2019) Buy Form

Exhibit 13L

- OCPF M-14-03: Reports of Independent Expenditures Made by Individuals or Entities Other Than Independent Expenditure PACs (Revised Aug. 12, 2019) Buy Form

Exhibit 13M

- OCPF-IB-06-01: Interpretive Bulletin on Express and Issue Advocacy, Independent Expenditures, Electioneering Communications, and Coordinated Communications (Revised Feb. 5, 2018) Buy Form

Chapter 14 expand

Limits on Contributions from Corporations, Unions, and Other Business Entities

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Maura D. Cronin, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Sarah A. Hartry, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Michael J. Joyce , Massachusetts Office of Campaign and Political Finance

Exhibit 14A

- November 6, 1980 Attorney General’s Opinion Regarding Corporations’ Involvement in Political Activities Buy Form

Exhibit 14B

- OCPF Form M22: Report of Ballot Question Expenditures by Corporation, Organization, or Individual Municipal Form Buy Form

Exhibit 14C

- OCPF Memorandum M-98-04: Question and Answer Guide for Corporations, Associations, Organizations and Other Groups or Individuals Making Expenditures to Influence Ballot Question (Revised June 22, 2018) Buy Form

Chapter 15 expand

Candidate Committees, Political Action Committees, People’s Committees, Party Committees, and Ballot Question Committees

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Maura D. Cronin, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts

Exhibit 15A

- OCPF Form CPF 101: Statement of Organization of Candidate’s Committee Buy Form

Exhibit 15B

- OCPF Form CPF T101: Change of Treasurer and Acceptance of Office by Treasurer Buy Form

Exhibit 15C

- OCPF Form CPF 101 P: Change of Purpose of Candidate’s Political Committee Buy Form

Exhibit 15D

- OCPF Memorandum M-95-08: Procedure to Transfer a Candidate’s Political Committee from the State Level to the Municipal Level Buy Form

Exhibit 15E

- OCPF Memorandum M-95-07: Procedure to Transfer a Candidate’s Political Committee from the Municipal Level to the State Level Buy Form

Exhibit 15F

- OCPF Form CPF D104: Statement of Candidate Not Raising or Expending Campaign Funds Buy Form

Exhibit 15G

- OCPF Form CPF D103: Appointment of Depository Bank Buy Form

Exhibit 15H

- OCPF Form CPF M101: Statement of Organization of Candidate’s Committee—Municipal Form Buy Form

Exhibit 15I

- OCPF Form CPF M T101: Change of Treasurer and Acceptance of Office by Treasurer—Municipal Form Buy Form

Exhibit 15J

- OCPF Form CPF M 102: Campaign Finance Report—Municipal Form Buy Form

Exhibit 15K

- OCPF Form CPF 101 PC: Statement of Organization of Political Action Committee Buy Form

Exhibit 15L

- OCPF Form CPF M101 PC: Statement of Organization of Political Action Committee—Municipal Form Buy Form

Exhibit 15M

- OCPF Interpretive Bulletin IB-90-02: Disclosure and Reporting of Contributions and Expenditures Related to Ballot Questions Buy Form

Exhibit 15N

- OCPF Form CPF 101 BQ: Statement of Organization of Ballot Question Committee Buy Form

Exhibit 15O

- OCPF Form CPF M101 BQ: Statement of Organization of Ballot Question Committee—Municipal Form Buy Form

Chapter 16 expand

Campaign Finance Record Keeping and Disclosure

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Gregory H. Birne, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Jason Tait, Office of Campaign and Political Finance

Exhibit 16A

- OCPF M-90-04: Memorandum for Banks Designated as Depositories for Campaign Funds Under G.L. c. 55 Buy Form

Exhibit 16B

- OCPF M-90-05: Memorandum on Instructions for Candidates on the Use of Depository Bank Accounts Buy Form

Chapter 17 expand

Public Employees, Buildings, and Resources

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Maura D. Cronin, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Sarah A. Hartry, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts
Michael J. Joyce , Massachusetts Office of Campaign and Political Finance
Eve M. Slattery, Esq., State Ethics Commission, Commonwealth of Massachusetts

Exhibit 17A

- OCPF Interpretive Bulletin IB-91-01: Use of Governmental Resources for Political Purposes (Revised Feb. 2015) Buy Form

Exhibit 17B

- State Ethics Commission Advisory No. 11-1: Public Employee Political Activity Buy Form

Exhibit 17C

- OCPF Form CPF 22A: Report of Governmental Treasurer Buy Form

Exhibit 17D

- OCPF Memorandum M-95-06: Expenditures of Public Resources by Cities, Towns, or Other Local or Regional Governmental Units: G.L. c. 55, § 22A (Revised May 2015) Buy Form

Exhibit 17E

- OCPF Interpretive Bulletin IB-92-02: Activities of Public Officials in Support of or in Opposition to Ballot Question (Revised Feb. 2015) Buy Form

Chapter 18 expand

Municipal Campaign Finance Issues

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Joel B. Bard, Esq., KP Law, PC

Exhibit 18A

- OCPF Schedule E: Municipal Form, Disclosure of Assets Statement Buy Form

Exhibit 18B

- OCPF Form CPF M 102-0: Campaign Finance Report—Municipal Form Buy Form

Exhibit 18C

- Screenshot of Credit Card Expenditure Form Buy Form

Exhibit 18D

- OCPF Form CPF M 18A: Report of Independent Expenditures Promoting Election or Defeat of Candidate(s) Buy Form

Exhibit 18E

- OCPF M-09-01: Memorandum on Posting Municipal Campaign Finance Reports to City or Town Websites (Revised Nov. 8, 2011) Buy Form

Exhibit 18F

- OCPF M-94-07: Memorandum on Municipal Non-Filers (Revised Feb. 14, 2011) Buy Form

Exhibit 18G

- OCPF AO-97-16: Advisory Opinion on Expenditure of Public Funds to Distribute Information to Voters Buy Form

Exhibit 18H

- OCPF AO-99-14: Advisory Opinion on Use of City Resources to Provide Local Candidate Web Access Buy Form

Exhibit 18I

- OCPF IB-95-02: Interpretive Bulletin on Political Activity, Organization, and Dissolution of Ballot Question Committees and Civil Organizations’ Involvement in Ballot Questions (Revised May 16, 1997) Buy Form

Chapter 19 expand

Massachusetts Limited Public Financing System for Statewide Campaigns (G.L. c. 55C)

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Michael J. Joyce , Massachusetts Office of Campaign and Political Finance

Chapter 20 expand

Proceedings Before Office of Campaign and Political Finance

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Gregory H. Birne, Esq., Office of Campaign & Political Finance, Commonwealth of Massachusetts

Exhibit 20A

- OCPF Advisory Opinions AO-97-15, AO-98-24, and AO-99-01 Buy Form

Exhibit 20B

- OCPF Guidance Letters: GL-98-09 and GL-99-02 Buy Form

Exhibit 20C

- List of OCPF Interpretive Bulletins With Summaries Buy Form

Exhibit 20D

- List of OCPF Memoranda With Summaries Buy Form

Exhibit 20E

- OCPF Waiver Decisions: July 7, 1997 and March 18, 1999 Buy Form

Exhibit 20F

- Supreme Judicial Court Decisions Interpreting G.L. c. 55 Buy Form

Exhibit 20G

- Peter Sacks, Deputy Chief Attorney General in Government Bureau, Letter Re: Grand Jury Secrecy Provision of G.L. c. 55, § 3 (Dated July 21, 1999) Buy Form

Exhibit 20H

- OCPF Public Resolution Letters Buy Form

Exhibit 20I

- OCPF Model Disposition Agreement Buy Form

Chapter 21 expand

Executive Agents, Legislative Agents, and Lobbyist Entities

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Robert R. Ruddock, Esq.,

Chapter 22 expand

Exemptions from Definitions of “Executive Agent” and “Legislative Agent”

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Benjamin Fierro, III, Esq., Lynch & Fierro, LLP

Chapter 23 expand

Organizations that Lobby Without a Paid Lobbyist

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Benjamin Fierro, III, Esq., Lynch & Fierro, LLP

Chapter 24 expand

Prohibitions, Restrictions, and Proceedings

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Louis A. Rizoli, Esq.,

Chapter 25 expand

The Boston Lobbying Ordinance

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Benjamin Fierro, III, Esq., Lynch & Fierro, LLP
Robert R. Ruddock, Esq.,

Editor(s)

Author(s)