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E-Newsletter of November 27, 2012 | Vol. 5, No. 48




One of our primary functions as a Section is to enhance the skills of our members.  This holiday season, our Education Committee has taken that mission to heart.  First up, this Friday, November 30th, we are sponsoring a dynamic and in depth look at powers of attorney titled “Family Conversations Over the Holidays: Powers of Attorney.”  Registration is still available, and the details are listed below. 

Then on December 21st, the Elder Law Section and the Health Law Section will be co-sponsoring an event to discuss the ramifications of the recent Hennepin County District Court decision in In re Guardianship of Tschumy.   More details will be coming soon, but this program will include comments from the attorneys involved, as well as Judge Jay Quam, who wrote the decision.  The Tschumy decision is posted on the Elder Law Section’s website under Links/Resources – Reports, Guides and Memoranda.  Also posted just above the Tschumy decision is a 1994 decision from Ramsey County in Butscher v. Fashingbauer which makes for an interesting comparison to Tschumy.  Thanks to Julian Zweber for bringing the Butscher decision to our attention.

We hope many of you will take advantage of these opportunities, and special thanks to Jill Adkins, our Education Committee Chair for all of her hard work.  If you have questions or suggestions for future events, please contact Jill at

Best wishes to all of you for a happy, healthy, and productive holiday season.

Laura Zdychnec
Section Chair


Elder Law News


Looking To Tech For The Future Of Senior Care | CBS News

The new house call is online | Star Tribune

Home Instead Senior Care offering free Alzheimer’s care training | ABC Newspapers

Is tax pledge losing its teeth? | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

 There are no new cases to report this week.

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

HeaderElder Law Section CLE- Family Conversations Over the Holidays: Powers of Attorney

*Walk-in registrations the day of and teleconferencing registrations are still being accepted. Please contact Tamara Patton at or 612-278-6305 to register for teleconferencing only.*

Date:   Friday, November 30, 2012
Time:   7:45 a.m. to 11:45 a.m.
Location:   Radisson Hotel Roseville
2540 Cleveland Avenue North
Roseville, MN 55113 

CLE Description:

The holiday season is the time for family gatherings. As families visit and reconnect, it may become apparent that an aging parent is declining in cognitive abilities and family members may use these gatherings to talk about what to do.

Powers of Attorney are important and common tools in dealing with incapacity. Unfortunately, they can also become a tool for financial exploitation.

Powers of attorney deserve a closer look by elder law and estate planning attorneys. How can we draft them to best provide convenience, flexibility and protection? When should we use the Minnesota statutory short form power of attorney? When is the client better served by a common law power of attorney? How can we use powers of attorney in the adult guardianship context? What advice should we offer attorneys-in-fact about their obligations to keep records and account for their actions? And what best practices do each of us utilize in the power of attorney arena that we can share with our peers?

This half-day CLE is designed to be an interactive learning opportunity for presenters and
attendees alike. The Elder Law Section is interested in your ideas, interpretations and strategies, and one of the sessions will include small group round-table discussions about what you are doing with powers of attorney in your law office. When we get those calls from our older clients or their concerned family members, each of us will be better armed with information and ideas about how to get the most out of this very important incapacity planning tool.

For information on cost and the schedule, click here.

Submitted by Jill Adkins, Esq.

Hamline University School of Law Health Law Institute - January Term Courses 

HIPAA Privacy
January 3, 4, 5, 6, 8:30 a.m. to 4:00 p.m.
2 JD credits, Approved for 24 CLE credits (event code: 173291)
School of Law, Room 103
Adjunct Faculty: Gina Kastel, Partner, Faegre Baker Daniels LLP

The focal point of this course will be the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA), the foundation for federal protections of health care information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings.  Classroom work will incorporate discussions about the close and evolving relationships among health care policy, evolving social norms and health privacy laws.  

Fraud & Abuse
January 8, 9, 10, 11, 4:30 p.m. to 9:10 p.m.
January 12, 8:30 a.m. to 5:00 p.m.
2 JD credits, Approved for 23.5 CLE credits (event code: 173293)
School of Law, Room 105
Adjunct Faculty: Isaac Buck, Visiting Assistant Professor, Seton Hall University School of Law

This course examines laws and regulations that impose criminal and civil penalties on health care providers for fraud and abuse, with special emphasis on the Federal False Claims Act, the Anti-Kickback Statute, and the Physician Self-Referral (Stark) Law. Civil Monetary Penalty and exclusion laws and the application of traditional federal white collar criminal statutes to health care will also be discussed. Further, other topics - including the use of the Responsible Corporate Officer Doctrine, the use of settlements as enforcement mechanisms, and the changes brought about by the Patient Protection and Affordable Care Act - will be explored. At the conclusion of the course, the student should have a basic working knowledge of the laws and regulations concerning health care fraud and abuse.

Submitted by Kari Winter


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, December 18, 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, December 14, 2012 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:


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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