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E-Newsletter of October 4, 2011 | Vol. 4, No. 39



Thoughts from the Chair Header

October 6 and 7 and the Elder Law Institute are upon us!  REGISTER NOW for More than Medical Assistance:  The Intersection of Elder Law with Other Practice Areas to receive the following benefits:
·         Hear from our state leaders in the Minnesota Department of Human Services
·         Network with fellow attorneys, government employees, and practitioners
·         Receive written materials, which at first glance are quite extensive
·         Enjoy a luncheon on Thursday
·         Celebrate this year’s Mary Alice Gooderl award winner
·         Attend the Elder Law Section Governing Council meeting on Friday, October 7 at 4:00 p.m.
·         Don’t wait for the Replays, which are not currently scheduled for the Elder Law Institute

The Elder Law Institute is being held at the MN CLE Conference Center, 600 Nicollet Mall # 370, 3rd Floor City Center, Minneapolis, MN 55402-1641.  If you have not registered yet, please do so here.

I encourage each member of our section to attend.  I look forward to seeing you at the Institute!

Suzy Scheller, Chair of the Elder Law Section


Item of Interest Header

There is no item of interest for this week.



Link of the Week


There is no link of the week.


Elder Law News


'Minnesota woman victim of scam | WDAY News

New law requires screening for applicants for assisted living services |MPR

Insiders say new Minnesota assisted-living law overreaches | Duluth News Tribune

Grandparents: A Great Minnesota Resource | Winona Post

Clinics test new Medicare payment system | St. Cloud Times

Submitted by Joel Smith, Esq.

Elder Law Cases

There are no new Minnesota cases to report this week.

Elder Law Statutes, Regulations, and Bulletins

#11-25-06  Long Term Care Options Counseling & Long Term Care Consultation for Prospective Residents of Housing with Services. The purpose is to
summarize the legislation and service implementation developed by the commissioner and outline Area Agency on Aging, Long Term Care Consultants (Lead Agency) and registered housing with service provider roles and responsibilities. The bulletin, dated September 30, 2011, is available here.

Submitted by Peter M. Hendricks, Esq.


Upcoming Events and CLE Programs


Minnesota CLE
2011 Elder Law Institute
SAVE THE DATE: October 6 and 7, 2011
The Elder Law Institute is entitled More than Medical Assistance:  The Intersection of Elder Law with Other Practice Areas. 
Offerings include:
·      Keynote Address from Lucinda Jesson, Commissioner of the Minnesota Department of Human Services;
·      Discussion of Medicaid funding from David Godfrey, Medicaid Director for Minnesota;
·      Several Panel Discussions, including on Medicare Benefits; Life Care Planning; End of Life Issues; and Tax and Estate Planning;
·      “Basics” breakout sessions on Medical Assistance Eligibility; ABCs of Elder Law (breaking down acronyms); and Opening your First Probate;
·      Panel for students and lawyers new to Elder Law on starting an Elder Law Practice;
·      Numerous breakout sessions highlighting the intersection of Elder Law with other practice areas, including Family Law; Medical Malpractice; Veterans Administration benefits; Mediation; Guardianships and Conservatorships; and Long Term Care insurance; and
·      **Sessions for Elimination of Bias and Ethics Credits
Click here to register online.


An Overview of Service Animal and Assistance Animal Law
October 13, 2011



Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 18, 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 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, 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 4:00 p.m. on Friday, October 7, 2011.  The meeting will be held following the Elder Law Institute at Minnesota CLE in Minneapolis.  For further information, please contact Suzy Scheller, Chair, at:


Elder Law Website


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.

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