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E-Newsletter of March 5, 2013 | Vol. 6, No. 9

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[Editor’s Note: Please take note that the “Getting to Know Elder Law” CLE has been changed from March 14 to March 28- same time, same place. See “Upcoming Events and CLE Programs” below for more details.]

 

PRO BONO OPPORTUNITIES

The Minnesota Assistance Council for Veterans is seeking volunteer attorneys for its upcoming Drop-In Legal Clinic for Veterans held Tuesday, March 12, 2013 from 9am-2pm at the VA Medical Center Flag Atrium Balcony (Room 2S 114). Attorneys will provide brief legal advice to veterans in several areas, including child support and family law, employment, benefits, expungement, and debt collection. For more information contact Sara Sommarstrom at (651) 224-0292 or ssommarstrom@mac-v.org.

In other news, spring is just around the corner! Which also means the annual National Healthcare Decisions Day is fast approaching. NHDD is a nationwide effort to ensure that adults with decision-making capacity have the information and opportunity to communicate and document their healthcare decisions. NHDD events around the state aim to educate individuals on the advantages of advance care planning and the importance of having a conversation with loved ones regarding their health care wishes. For a listing of NHDD events in Minnesota, visit the Twin Cities Medical Society. If you are organizing or hosting an event, contact Adam Rohne at adamrohne@qwestoffice.net for step-by-step instructions on how to post your event at TCMS’s website.  

Submitted by Adam Rohne, Esq.
adamrohne@qwestoffice.net


 

Link of the Week

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Minnesota lawmakers want to boost nursing home funding | Star Tribune

Appeals court rules for personal care assistants tending to relatives | Star Tribune

Submitted by Ann Hagerty, Esq.
ahagerty@plutolegal.com

Exploring Growing Areas of Law | Student Lawyer

Submitted by Thaddeus Pope, J.D., Ph.D
tpope01@hamline.edu


Elder Law News

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Legislative notebook: Long-term care funding boost suggested | Wadena Pioneer Journal

Medicare paid $5.1B for poor nursing home care | MPR News

Minnesota Legislature: Nursing home bill would boost funding by 5% | Pioneer Press

No ruckus about Medicare cuts in sequester | Pioneer Press

Submitted by Joel Smith, Esq.

joel@koslawfirm.com




Elder Law Cases

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Published opinion released by the MN Court of Appeals on February 25, 2013:

James Weir, Relator, vs. ACCRA Care, Inc., Respondent; Department of Employment and Economic Development, Respondent.

A12-0764        
            
Minn. Stat. § 268.035, subd. 20(20) (2012), which makes personal-care assistants who provide direct care to an immediate family member ineligible for unemployment benefits, is unconstitutional because it arbitrarily distinguishes between similarly situated individuals in violation of the Equal Protection Clause of the Minnesota Constitution.

Reversed.  Judge Jill Flaskamp Halbrooks.

The opinion is available here.

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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"Getting to Know Elder Law"
Are you new to the practice of law? Are you interested in Elder Law? Do you want to learn more? Join the Student Committee of the MSBA's Elder Law Section for light appetizers and drinks while you network with local elder law attorneys followed by a panel discussion.

Topics for the panel discussion include:
- Guardianship and Conservatorship;
- Medical Assistance Basics;
- Care Placement; and
- Marketing, Knowing Your Limits and Other Newbie Frustrations.

Details:
Date:   Thursday, March 28, 2013
Time:    5:30 p.m. to 7:30 p.m.
Location:   Ramada Inn Bloomington (formerly "The Thunderbird")
2300 E. American Blvd.
Bloomington, MN

For more information and to register, click here.

Submitted by Jill Sauber
saub8913@stthomas.edu

 

This summer, Hamline Law is offering Elder Law both for law school credit and for CLE.  It will be taught by former Elder Section chair Suzy Scheller, and runs from June 14-17. To view the schedule and course description, click here.

Submitted by Thaddeus Pope, J.D., Ph.D.
tpope01@hamline.edu

 

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, April 16, 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, April 19, 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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