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E-Newsletter of August 7, 2012 | Vol. 5, No. 32



Do you have a great story, have you read a good book, have you dealt with a case that relates to elder law? The Communications Committee is always looking for informative items for the weekly newsletter.  Please email submissions to the newsletter editor, Allison Burke, at

Submitted by Joel Button, Esq. 
Communications Committee Chair


Position Description
Board Members of the Dayton’s Bluff Seniors LAH/BNP

Background:  The Dayton’s Bluff Seniors Living At Home Block Nurse Program, has existed in Dayton’s Bluff since 2008, to assist elder neighbors through a combination of volunteer, nursing and other services to help older people stay in their own homes.  We are now going on our third year and serviced 100 seniors last year. Through wellness clinics, service coordination, and avocation we empower seniors to live full lives in their homes. To visit our website, click here.

Position Overview: The role of Dayton’s Bluff Seniors Board members is vital. Board Responsibilities include the following:

Maintaining the program mission and purpose.
Develop and administer policy.
Develop personnel policies and employ Executive Director.
Ensure adequate resources and effective organizational planning.  

Board Composition:  According to the bylaws of the Dayton’s Bluff Seniors Board is composed of:  Up to 15 members selected from the following areas: The majority from community citizenry, at least one of whom shall be 65years of age or older, one shall be a church leader, one from a health related field or social service profession, or person with business or government background.
Time commitment is several hours a month up to 1, 2, or 3 year commitments.

Board Member Qualifications:
·       Able to attend Board meetings in person or via phone.  Meetings are currently scheduled monthly from 10:00 a.m. - 11:30 a.m.  on the 3rd Monday of the month.
·        Able to contribute at least four hours of volunteer time per month.
·        Experience on a nonprofit governing board
·        Expertise in one or more areas:
o   Legislative
o   Marketing and publicity
o   Finance (Treasurer position must be familiar with QuickBooks)
o   Attorney in a related field

Please contact Rhonda Battisto.  Phone:  651-776-7210 ext. 303 or 651-276-3712

Submitted by Larry Houk, Esq.



Elder Law News


New MN Laws Include Elder Abuse | KAAL TV

Own Your Future | MN DHS

The Associated Press: Aging baby boomers face home health care challenge | Google

COLUMN: Quality of care at nursing homes is growing issue | Post Star

Nursing homes can push gay seniors back into closet | Sun Sentinel

New 50 State Avalere Analysis: U.S. Nursing Home Sector Projected to Face $65 Billion in Cumulative Medicare Funding Reductions Over Next 10 Years; Nearly $4 Billion 2013-2014 | The Sacramento Bee

Submitted by Joel Smith, Esq.

Elder Law Cases

The following opinions were released by the Minnesota Supreme Court on August 1, 2012:

Estate of Ruth Singer  vs. Commissioner of Revenue
            1.   Minnesota Statutes § 291.215 (2010), which requires that the property of an estate be valued for purposes of the Minnesota estate tax in accordance with the Internal Revenue Code, is not unconstitutional.
            2.   The tax court's rejection of relator's unsubstantiated deductions was not erroneous.
            3.   Federal estate tax law does not preempt Minnesota estate tax law.
            4.   The time afforded under Minnesota law to settle an estate and file a Minnesota estate tax return is not unreasonable.
            5.   The tax court had authority to determine whether property owned by the decedent was part of the gross estate.
            6.   The district court does not abuse its discretion by transferring a matter to the tax court for hearing on a taxpayer's constitutional challenges.

Affirmed.  Justice Alan C. Page.

The opinion is available here.

In the Matter of:  The Pamela Andreas Stisser Grantor Trust

Grantor's inter vivos trust agreement unambiguously demonstrated that grantor, by using the phrase "pay . . . my legal debts," did not intend for her trust's assets to pay debts secured by real and personal property owned by her at the time of her death.
The district court's conclusion that the personal representative of decedent's probate estate was not entitled to any compensation for his services as personal representative was not an abuse of discretion when the personal representative provided no time records or other documentation to support his claim for compensation.
The district court's conclusion that decedent's probate estate was not entitled to reimbursement for attorney fees incurred by the attorney representing the estate in Florida probate proceedings was not an abuse of discretion when the probate estate's personal representative provided only heavily redacted invoices that did not indicate specific tasks performed or hourly rates.

Affirmed in part, reversed in part, and remanded.  Justice Paul H. Anderson.

Took no part, Justice Alan C. Page.

The opinion is available here.

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

The Affordable Care Act Decision: Implications for Health Law and Beyond
Wednesday, September 12, 2012
5:00 p.m. to 6:15 p.m. Presentation in the new Anderson Center, Room 111 
6:15 p.m. to 6:45 p.m. Reception on the Anderson Center Rooftop Terrace
1.25 CLE credits applied for
Registration fee for CLE credit is $35. Free for Hamline Law Alumni and guests not earning CLE.

The Supreme Court's long-anticipated ruling on constitutional challenges to the 2010 Patient Protection and Affordable Care Act (ACA) is having a profound impact on all segments of the healthcare industry.  Providers, payors, employers, and governmental agencies must address the challenges of compliance with the numerous mandates in the Act.

Our expert panel represents three disciplinary perspectives -- constitutional law, tax law, and health law – provided by faculty experts at Hamline University School of Law.  Over 75 minutes, the panel will provide participants with an assessment of the implications of the Supreme Court's ruling for Minnesota practitioners and their clients.  Panelists include: Associate Professor Laura Hermer, Associate Professor Mogran Holcomb, Professor Jonathan Kahn

Submitted by Kari Winter


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


SAVE THE DATE!   "Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care," the Hamline University Health Law Institute's multidisciplinary CLE Symposium, will be held in Hamline's brand new Anderson Center on November 8-9, 2012. To learn more, click here.

Submitted by Thadeus M. Pope, Esq.


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.

 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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