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E-Newsletter of October 9, 2012 | Vol. 5, No. 41




If you haven’t already registered for the Elder Law Institute – it’s not too late! The 22nd annual Elder Law Institute sponsored by Minnesota CLE and the MSBA’s Elder Law Section is this Thursday and Friday, October 11-12th, at the Minnesota CLE Center in Minneapolis. This year’s Institute has something for everyone, whether you’re a new lawyer or a seasoned veteran. (For those on the estate list-serve, you won’t find Julian at the mall – he’ll be at the Institute!)

In addition to some wonderful plenary sessions, our breakout sessions include the popular “Basics” track, together with a new “Advocacy” track to address the many areas of advocacy and litigation that have become part of elder law, and a “Potpourri” track. There really is something of interest to everyone.

Also, the Elder Law Section Governing Council will be meeting at 7:30 a.m. on Friday, October 12th at the MSBA offices. If you’re attending the Elder Law Institute, take advantage of early bird parking, and come have breakfast with the governing council.

I hope to see you all there.

Submitted by Laura Zdychnec, Esq.
Elder Law Section Chair


Nominations being accepted for Commissioner's Awards

DHS will again honor its community partners – counties, tribes, providers, individuals, advocacy groups and others – for excellence through the Commissioner's Circle of Excellence Awards. The awards are an opportunity to honor the recipients, highlight their work in the local media and share the best practices they represent with others in the human services system. Nominations are being accepted through Friday, Oct. 12. More information here.

Submitted by Kim Dayton, Esq.


Elder Law News


Governor: Plan Now for Longterm Healthcare Needs | WJON

Minn. urges citizens to plan for long-term health needs | MPR News

Wildfire prompts evacuations in NW Minnesota town of Karlstad | Brainerd Dispatch

Help wanted: In-home caregivers | Star Tribune

Aspirin may slow elderly brain decline | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

Judge Jay Quam of the Hennepin County Probate Court found that the Minnesota State Constitution provision denying all persons under guardianship the right to vote is invalid under the U.S. Constitution.  He issued a declaratory judgment stating that all wards under guardianship who have not had the right to vote specifically terminated retain the right to vote. To read the order, click here.

Submitted by Jennifer Wright, Esq.

Elder Law Statutes, Regulations, and Bulletins

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

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. 


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, October 16, 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, October 12, 2012 at 7:30 am at the MSBA offices, before the Elder Law Institute. 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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