E-Newsletter of May 28, 2013 | Vol. 6, No. 21
Minnesota's new health laws: We've got answers to your questions | Pioneer Press
Franken seeks Home Care Consumer Bill of Rights | Echo Press
Klobuchar, Cornyn introduce bipartisan legislation to protect seniors from neglect and abuse by guardians | Hometown Source
Minnesota state panel to review assisted-living fees | Star Tribune
Retirement could be bummer for many boomers | Star Tribune
Submitted by Joel Smith, Esq.
Unpublished opinion issued by the MN Court of Appeals on May 29, 2013:
Katherine Y. Huber, Appellant,
Timothy R. Geck, as personal representative of the Estate of Mortimer Joseph Huber a/k/a Mortimer J. Huber, and as Trustee of the Mortimer J. Huber Amended and Restated Revocable Trust Agreement dated April 16, 2004, Respondent.
We are asked to consider whether the district court erred when it determined that a testamentary document and a prenuptial agreement are ambiguous and subject to interpretation using parol evidence. We conclude that the documents are ambiguous and that the district court correctly considered extrinsic evidence when interpreting the documents. Accordingly, we affirm.
The opinion is available here.
This opinion will be unpublished and may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2012).
Submitted by Andrea Palumbo, Esq.
There are no new statutes, regulations or bulletins to report this week.
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.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, June 25, 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 email@example.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, and the Annual meeting, will be on Friday, June 21, 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: firstname.lastname@example.org.
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.
Go to the Section Website