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E-Newsletter of January 10, 2012 | Vol. 4, No. 52

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Item of Interest

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The Current Eligibility Figures Chart has been updated to include the new numbers for 2012. Note that for the first time in three years the minimum and maximum community spouse asset allowances have increased. Also note that beginning in 2012, the home equity limit is now tied to the Consumer Price Index for All Urban Consumers (CPI-U) and will increase each year. This year, the new limit is $525,000. To view the complete report of updated figures, click here.

Submitted by Laurie Hanson, Esq.
Chair of the Communications Committee
lhanson@mnelderlaw.com

 

Link of the Week

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National Legal Resource Center
The National Legal Resource Center (NLRC) is a collaborative effort developed by the Administration on Aging in partnership with the ABA Commission on Law and Aging, the Center for Social Gerontology, and other national organizations committed to the rights of older Americans. Its webpage on legal issues contains articles, research reports, laws, and other resources. The resources are organized into 14 subject areas including long-term care, guardianship, and consumer protection.
You may access NLRC’s legal issues page here.


Submitted by Laura Orr, Esq.
orr63475@stthomas.edu


Elder Law News

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Deer crashes through window of Crookston nursing home | WDAY News

Minnesota's last Medal of Honor recipient dies | Pioneer Press

Klobuchar’s bill aims to protect seniors, vulnerable people | Duluth News Tribune

Betty White to host senior prank show ‘Off Their Rockers’ -- 'Candid Camera'-style show will prove seniors have a sense of humor too | NY Daily News

Red Bull for grandma? Energy drinks to target seniors | NY Daily News

They provided for us; now it's time for us to care of our senior citizens | mlive.com

Submitted by Joel Smith, Esq.
joel@koslawfirm.com


Elder Law Cases

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There are no new Minnesota cases to report this week.

 

Elder Law Statutes, Regulations, and Bulletins

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The following unpublished decision was released by the Minnesota Court of Appeals on Tuesday, January 3, 2012:

A11-203
In re: Estate of Mary Ann Reiman, Decedent
MINGE, Judge

Appellants, who served as the personal representative and attorney of the estate of decedent Mary Ann Reiman, challenge the district court's order reducing their fees.  Appellants argue that the district court variously erred or abused its discretion by:
(1) failing to provide adequate findings to allow meaningful appellate review; 
(2) making findings contrary to the record; 
(3) denying their motions for amended findings and a new trial; and 
(4) declining to impose sanctions against respondent and her attorney.  By notice of related appeal, respondent asserts that the district court erred by failing to award her attorney fees from the estate in her challenge to the final account.  
For the reasons discussed below, we affirm in part, reverse in part, and modify to increase attorney fees for appellants by $3,950.

The decision is available here.

Unpublished opinions may not be cited except as provided by Minn. Stat. Section 480A.08, Subd. 3 (2009).
 
Submitted by Andrea Palumbo, Esq.
andrea.m.palumbo@gmail.com

 

STATUTES, REGULATIONS, BULLETINS

Department of Human Services (DHS)
Aging and Adult Services Division
Community Service/ Community Services Development (CS/SD)
Grants
Notice of Request for Proposals to Expand Home and Community-Based Services
for Older Adults

NOTICE IS HEREBY GIVEN that The Minnesota Department of Human Services (DHS), Aging and Adults Services Division, is seeking proposals from qualified responders for state fiscal year 2013, July 1, 2012-June 30, 2013, to expand and integrate home and community-based services for older adults that allow local communities to rebalance their long-term care service delivery system, support people in their own homes, expand the caregiver support and respite care network and promote independence, as directed by Minnesota Statutes, sections 256.9754 and 256B.0917, subd.6 and 13.

Funds available: Approximately $5 million is available. Request per application may not exceed $250,000 per year. An optional Responders Webinar will be held Tuesday, January 31, 2012, 9:00 a.m. Central Standard Time. Responders interested in attending the Responder’s Webinar must register online at here.
The complete RFP and application including directions is available online on the DHS Community Service/Community Services Development Web site at here.  Select the button for the applicant page. The deadline for receipt of proposals is March 16, 2012, 4:00 p.m. Central Standard Time.
Late, faxed and emailed proposals will not be considered.

For more information contact:
Jacqueline Peichel
Community Program Policy Consultant
(Cite 36 SR 769) State Register, TUESDAY 3 January 2012 Page 769
Aging and Adult Services
Department of Human Services
P.O. Box 64976
St. Paul, MN 55164-0976
Phone: (651) 431-2583
E-mail: Jacqueline.s.peichel@state.mn.us

This is the only person designated to answer questions regarding the request for proposal.
Other department personnel are NOT allowed to discuss the Request for Proposal with anyone, including responders, before the proposal submission deadline.
This request does not obligate the State to complete the work contemplated in this notice. The State reserves the right to cancel this solicitation. All expenses incurred in responding to this notice are solely the responsibility of the responder.

Submitted by Peter M. Hendricks, Esq.
phendricks@gblawoffice.com

 

Upcoming Events and CLE Programs

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There are no upcoming events or CLE programs to report this week.

 

Elder Law Section Activities

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MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 21, 2011. The Medical Assistance Committee is a study group to analyze Elder Law Section member questions and case studies and to discuss administrative policies and procedures in relation to Medical Assistance in Minnesota.  Cathryn D. Reher of Long, Reher & Hanson, P.A., is Committee Chair.  For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A., at 952-929-0622 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to tfenske@mnelderlaw.com under the subject heading “MA Committee Topic”, or faxed to 952-542-9201. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418. The meeting takes place in the building’s conference room. There are a few parking spaces behind the building and lots of street parking. People should walk to the back of the building and come to the back door which faces directly into the meeting room.

GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, February 17, 2011 at 3:30 pm at the offices of the Volunteers of America (VOA) at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Suzy Scheller, Chair,  at: suzy@schellerlegalsolutions.com.

 

Elder Law Website

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DON'T FORGET THAT THE ELDER LAW WEBSITE IS A GREAT RESOURCE. Here’s what you can find on the Website:  Links to the DHS Health Care Programs Manual, the DHS Bulletin on treatment of uncompensated transfers, the Minnesota Bankers Association Compliance Bulletin on Powers of Attorney, legislative summary; Practice Links to organizations such as NAELA, ABA Commission on Law and Aging, Links to Federal and State Government Agencies, Statutes, and Regulations; Meeting Notices, Listings of Officers and Council Members, Section Bylaws, and more.

 

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