HOUSE DOCKET, NO. 630        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1154

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Brian M. Ashe, (BY REQUEST)

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act further clarifying the rights of persons with disabilities.

_______________

PETITION OF:

HOUSE DOCKET, NO. 630        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1154

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1554 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act further clarifying the rights of persons with disabilities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. No group home shall interfere in the dating and marriage of a disabled person. Any violation under the marriage law shall lead to a fine not greater than one thousand dollars. No disabled person, including persons suffering from traumatic brain injury or other head trauma, shall be prevented from getting married by a legal guardian or power of attorney or family member. If a disabled person has been previously divorced, this should be added under General Law chapter. 208, section 1A.

SECTION 2. Any disabled person shall not need the consent to get married if they are 21 years of age or over. No legal guardian or power of attorney or family member shall prevent a disabled person from getting married on the basis of their religion.

SECTION 3. If there is a violation under this section, a disabled person or nondisabled person shall have the right to make a complaint with the Massachusetts Commission Against Discrimination under the commonwealth’s marriage laws.

SECTION 4. All persons with disabilities shall have the right to legal assistance when drafting a last will and testament. No legal guardian or power of attorney or family member shall have the right to exert pressure on any disabled person to sign a last will and testament. All persons with disabilities shall have the right to be notified by regular or certified mail when their last will and testament is being mailed to their legal counsel under chapter 192 of the General Laws.

SECTION 5. All trust funds and annuities that are used for educational purposes shall be tax deductible under chapter 192 of the General Laws. All persons with disabilities shall have the right to change their power of attorney if there is proof that the power of attorney is not acting in their best interest.

SECTION 6. All persons with disabilities shall have the right to be buried in the cemetery of their choice.