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E-Newsletter of September 11, 2012 | Vol. 5, No. 37




The Elder Law Section’s Pro Bono Committee is currently welcoming new members! The Pro Bono Committee’s mission includes working with existing pro bono programs and elder service groups to make section members aware of pro bono opportunities, connecting section members with existing pro bono programs, and expanding the pro bono services offered for elders.

In previous years, the Pro Bono Committee and its volunteers have led the coordination of statewide activities for National Healthcare Decisions Day on behalf of the MSBA Elder Law Section, serving as the state liaison to the national NHDD organization. Because this role has been passed on to other organizations, the Pro Bono Committee is poised to take on new initiatives in addition to its NHDD activities.

The Committee’s first meeting is scheduled for 12:00pm on Friday, September 21 at the law firm of Chestnut Cambronne, 17 Washington Avenue North, Suite 300. If you are interested in attending or wish to contribute to the Committee’s planning or activities, please contact Adam Rohne at (646) 646-1072 or for more details.

Submitted by Adam Rohne, Esq.


The Awards Committee of the Elder Law Section is seeking nominations for Section awards to be presented at the Minnesota CLE Elder Law Institute on Thursday, October 11, 2012.  Nominations are sought for the Mary Alice Gooderl Memorial Award.  This Award is presented by the Elder Law Section to acknowledge outstanding contributions to the field of Elder Law by a member of the Elder Law Section, as exemplified by Mary Alice Gooderl, one of the founders of the Elder Law Section.  In addition, the Awards Committee considers nominations for special awards to recognize special achievements by section members or special contributions to the Elder Law Section or the field of Elder Law.
Nominations will close at 5 pm on Friday, September 28, 2012. Please submit nominations to Julian J. Zweber at 1360 Energy Park Drive, Suite 310, St. Paul, MN 55108-5252, telephone 651-646-4354 or 651-646-4539 (FAX) or

Submitted by Julian Zweber, Esq.
Co-Chair, Awards Committee



Elder Law News


Foster grandparent program reaches out to kids | Echo Press

Who provides long-term care? | MN DHS

Medicare issue put to test quickly in Florida | Star Tribune

Photo ID edict could hit 215,000 Minnesota voters | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

The following unpublished opinion was released by the Court of Appeals on September 4, 2012:

In the Matter of the Trust Created by Lottie P. Silliman, dated December 29, 1950, commonly known as The Silliman Trust.

        Appellant challenges the district court's award of damages stemming from improper distributions made by the trustees of an irrevocable inter vivos trust, arguing that the district court abused its discretion by (1) its determination of damages, (2) failing to impose a constructive trust, (3) failing to award appellant attorney fees, and (4) failing to order the trustees to disgorge their attorney fees.  Because the district court acted within its discretion, we affirm.

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, 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.

GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, October 12, 2012 at 7:30 am, before the Elder Law Institute- location to be announced. 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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