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E-Newsletter of July 3, 2012 | Vol. 5, No. 27




While regular readers of the newsletter might have noticed a group of frequent contributors, all submissions are welcome. Whether it be an interesting link or an article you’ve written, please send submissions to the editor at

Item of Interest


Applications are being accepted for a position on the Minnesota Board on Aging.  

Appointing: Governor
Compensation: $55 per diem plus expenses
Vacancies: One (1) - Member
The board develops, coordinates, evaluates, and administers federal and state funds for programs for the aging; makes grants to 7 area agencies on aging and non-profit agencies; serves as advocate for older persons. The board consists of 25 members including at least one member from each congressional district. Five meetings a year on the third Friday of those months. Committee meetings are the preceding day. Meetings are held at 540 Cedar Street, St. Paul.

To apply for this vacancy, click here.  Alternatively, you can obtain an application from the Office of the Secretary of State, Open Appointments, 180 State Office Building, 100 Rev. Dr. Martin Luther King, Jr. Blvd., St. Paul, MN 55155-1299, or in person at Room 180 of the State Office Building.

Submitted by Kim Dayton, Esq.


Elder Law News


Become a foster grandparent at North Branch School | Chisago County Press

From Drugs to Wheelchairs: White Paper Sounds Alarm About Growing Presence of Organized Crime in Healthcare Fraud | Reuters

Dementia Complicates Romance In Nursing Homes | MPR

Submitted by Joel Smith, Esq.

Elder Law Cases

In re the Estate of: Delphine L. Goossen, Deceased
Filed June 25, 2012

STONEBURNER, Judge           

Appellant challenges the probate court’s determinations that (1) he converted assets of his mother’s estate, entitling the estate to recover double damages under Minn. Stat. § 525.392 (2010) and (2) his claims against the estate were untimely.  Because the record supports the determinations, we affirm.

The opinion is available  here.

In re the Matter of the Frank J. Rekucki, Sr. Revocable Trust under agreement dated September 8, 1997
Filed June 25, 2012


In this trust dispute, appellant challenges the district court’s order enforcing a settlement agreement.  Because the settlement agreement conflicts with the trust instrument’s provision regarding the appointment and succession of trustees, we reverse and remand.

The opinion is available here.

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

On June 28, 2012 the Affordable Care Act was ruled constitutional by the SCOTUS. 
More information on the Affordable Care Act and seniors is available here.

Submitted by Marit Anne Peterson, Esq.

Upcoming Events and CLE Programs

SAVE THE DATE!  The 22nd Annual Elder Law Institute will be held on October 11-12, 2012 at the Minnesota CLE Center in Minneapolis. 


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 21, 2012. 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, 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, August 17, 2012 at 3:30 pm at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Laura Zdychnec, 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 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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