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E-Newsletter of January 29, 2013 | Vol. 6, No. 4

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Elder Law News

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Aging America: Shelters being offered as abuse of elderly grows along with population | Star Tribune

Aging America: As authorities confront elder abuse, some examples of the forms it can take | Star Tribune

Minnesotans plan ahead for long-term care | Echo Press

Minn. flu toll peaks as deaths top '09-10 | Star Tribune

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




Elder Law Cases

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[Editor’s note: Below please find the case referenced in last week’s “Thoughts from the Chair,” courtesy of Andrea Palumbo.]

Minnesota Court of Appeals Unpublished Opinion of January 23, 2013:

A12-1290
In the Matter of the Estate of: Arthur H. Ziehl, Decedent.
CHUTICH, Judge


Appellant, the Estate of Arthur Ziehl, challenges the district court's judgment in this probate proceeding allowing respondent's claim against the estate for amounts owed under a contract to clean up the decedent's house. 

Appellant argues that the district court erred by (1) failing to apply Minnesota's Truth in Repairs Act to limit respondent's recovery; (2) determining that the parties orally modified their contract; and (3) awarding an excessive amount of attorney fees.  

Because the district court's finding that the contract had been modified was not clearly erroneous and the district court did not abuse its discretion in awarding attorney fees, we affirm.

The decision is available here.

Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Submitted by Andrea Palumbo, Esq.
andrea.m.palumbo@gmail.com


Elder Law Statutes, Regulations, and Bulletins

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There are no new statutes, regulations or bulletins to report this week. 


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 19, 2013. 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 15, 2013 at 3:30 pm. 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.

For further information, please contact Laura Zdychnec, Chair, at: lzdychnec@mnelderlaw.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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