You're receiving this newsletter as a member of the MSBA Elder Law Section.

No longer interested? Unsubscribe. Having trouble viewing this email? View it in your browser.
Click here to view a printable PDF of this week's e-newsletter.

MSBA Section Banner

E-Newsletter of August 2, 2011 | Vol. 4, No. 30

Header

 

Item of Interest

Header

The Good Caregiver (2011) by Robert L. Kane, M.D., a professor at the University of Minnesota Medical School where he directs the Center on Aging.

This is an interesting, and perhaps unusual, book on aging and caring for the elderly because it is written by a doctor who works with the elderly and also has cared for his own elderly mother.  It has a lot of good medical information.  One chapter is devoted to finding a good doctor, including geriatricians and specialists, making the most of doctor’s appointments, and keeping track of diagnoses and medications.  Another chapter discusses common ailments of the elderly and their treatments such as fractures, incontinence and depression, and includes common symptoms and recommended medications.

Later chapters in the book discuss hospital stays, care managers, insurance (including Medicare and Medicaid), home health care options, and the various types of facilities such as assisted living and nursing homes. One very interesting discussion concerned hospice and palliative care, including the type of care offered, the situations where it is appropriate and what Medicare will pay for each.

This emphasizes the care needed by the elderly, and how to access it, more than the role and emotions of the family caretakers. It contains very useful information, is easy to read, and has many examples of real situations.  I recommend it highly.

Submitted by Cathy Thatcher, Esq.
csthatcher@comcast.net

 

Link of the Week

Header

Breaking the Silence: Initiating Family Conversations about Financing Long-Term Care

The University of MN Extension Service created a website entitled, “Financing Long Term Care: A Resource Center for Families.”  While some of the website’s contents are dated, its “conservation starters” about paying for long-term care might be a helpful starting place for the person who calls your office about Mom, Dad, or Aunt Lucy… without first talking to Mom, Dad, or Aunt Lucy.

The link is available here.

Submitted by Laura Orr, Esq.
Orr63475@stthomas.edu

 


Elder Law News

Header

Medicare, an effective program, turns 46 | StarTribune

Linda Berglin announces retirement from Minnesota Senate |Minnesota Independent

Move to nursing home stressful | Courier Press


Elder Law Cases

Header
NOTE:  The following two cases appeared in last week’s E-Newsletter; however, they are printed again because the links to these cases have been improved.

The following published decision was released by the Minnesota Court of Appeals on July 18, 2011:  

A11-180
In the Matter of the Petition of Beachside I Homeowners Association, a Minnesota non-profit corporation, For a New Certificate of Title AfterForeclosure of Assessment Lien.
 
HALBROOKS, Judge

Minn. Stat. § 524.3-101 (1990) provides that statutorily defined heirs obtain a vested interest in the estate of a person who dies intestate immediately upon that person’s death.  A probate proceeding to determine the heirs is not required.

 The decision is available here.

 
The following unpublished decision was released by the Minnesota Court of Appeals on July 18, 2011:

A10-1919
In re the Guardianship and Conservatorship of Myra Georgianna Jaekel

WORKE, Judge

Appellant challenges the district court’s appointment of a conservator over his wife’s estate, arguing that: (1) the district court failed to comply with statutory requirements in appointing and refusing to remove the conservator; (2) the district court abused its discretion in awarding attorney fees; (3) the district court erred by refusing to address his ex parte motion; (4) the district court erred by issuing a contempt order; and (5) respondents committed fraud upon the district court.

We affirm.

The decision is available here.

Unpublished opinions may not be cited except as provided by Minn. Stat. Section 480A.08, Subd. 3 (2009).


Elder Law Statutes, Regulations, and Bulletins

Header

There are no Statutes, Regulations, or Bulletins to report this week.

 

Upcoming Events and CLE Programs

Header

Minnesota State Bar Association
2011 Probate & Trust Law Section Conference
August 30, 2011

Minnesota CLE
2011 Elder Law Institute
SAVE THE DATE: October 6 and 7, 2011
The Elder Law Institute (ELI), a collaboration between the MSBA’s Elder Law Section and Minnesota Continuing Legal Education, is an annual conference designed to provide educational and networking opportunities for attorneys and others interested in the practice of Elder Law.  The ELI offers a wide range of educational programming, ranging from discussions of nursing home and Medical Assistance issues to legislative updates and policy analysis.  ELI Attendees receive from nine to eleven Continuing Legal Education credits, depending upon the length of the conference.
Stay tuned for more information and online registration.

 

Elder Law Section Activities

Header

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 16, 2011.  Topics for the meeting may be submitted to MA Committee Chair, Cathryn Reher, at creher@mnelderlaw.com, or faxed to 952-542-9201. For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A. at 952-929-0622.  Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418. 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 3:30 p.m. on Friday, August 19, 2011.  The meeting will be held at Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418.  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.  For further information, please contact Suzy Scheller, Chair, at: suzy@schellerlegalsolutions.com.

 

Elder Law Website

Header

DON'T FORGET THAT THE ELDER LAW WEBSITE IS A GREAT RESOURCE. Here’s what you can find on the Elder Law Section 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.

Go to the Section Website Header