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E-Newsletter of January 21, 2014 | Vol. 7, No. 4

 

 

PRO BONO SPOTLIGHT

 

The Immigrant Law Center of Minnesota (ILCM) is hosting training for its Pro Bono Naturalization Project on Thursday, February 6 from 9:00 a.m. – 12:45 p.m. at the law offices of Lindquist & Vennum LLP (3.5 Standard CLE Credits to be applied for). Register for the training online here. The training and CLE credits are free to those who take a pro bono case at the end of training. Follow this link to learn more about the ILCM.

You can now log your pro bono hours completed in 2013 with the North Star Lawyers program! Attorneys who provided 50 or more hours of pro bono legal services in 2013 will be recognized as North Star Lawyers by the MSBA. Follow this link to the North Star Lawyers Program webpage to report your hours online. The deadline for reporting your 2013 hours is February 28, 2014. 

Submitted by Adam Rohne
arohne@hdbob.com

 

 

Elder Law News

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The future of elder care? | Boston Globe

In Minnesota, abuse lawsuits die with the victims | Star Tribune 

Bloomington wins ban on nursing home expansion | Star Tribune

Medicare Kept 25 Percent of Part D Contracts Out of Plan Finder Due to Pricing Inaccuracy: GAO Report | Senior Journal

 

Submitted by Joel Smith
joel@koslawfirm.com


Elder Law Cases

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The following unpublished opinions were released by the Minnesota Court of Appeals on January 13, 2014:

A13-0824
In re: Life Insurance Policy No. 1642947-2, Issued to Brenda DeJoode (f/k/a Brenda Main)
RODENBERG, Judge

Appellant Gerald DeJoode, as personal representative of the estate of Brenda DeJoode,  challenges the district court’s grant of summary judgment in favor of respondent Mark Main, concluding that, as the named beneficiary, Main is entitled to the proceeds of his ex-wife’s life insurance policy. 

Appellant is the brother of decedent and the personal representative of her estate.  Appellant argues that Minn. Stat. § 524.2-804 (2012) automatically revokes a former spouse’s beneficiary designation upon divorce.  

Because Minn. Stat. § 524.2-804 applies to this case and revoked Main’s beneficiary status, we reverse and remand.

The opinion is available here.

A13-0938
Mary Ellen Slattery, Personal Representative of the Estate of Marcella S. Curran a/k/a Marcella Sally Curran a/k/a M. Sally Curran a/k/a
Marcella E. Curran a/k/a Sally Elizabeth Curran,
Appellant,
vs.
Ronald P. Niemala, Respondent,
KSKJ Life, American Slovenian Catholic Union, an Illinois corporation,
Respondent.
CRIPPEN, Judge

In this dispute on insurance practices, the personal representative of a deceased insured challenges the summary dismissal of counts stated in her complaint on breach of fiduciary duty and a right to cancel annuity contracts. 

We affirm dismissal of the fiduciary-duty claim, but because error is evident in the basis for the district court’s dismissal on the decedent’s right to cancel annuities, we reverse and remand for further proceedings on the merits of this claim. 

The opinion is available at here.

Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

 

Submitted by Andrea Palumbo
andrea.m.palumbo@gmail.com

 

 

Elder Law Statutes, Regulations, and Bulletins

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

 

Upcoming Events and CLE Programs

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There are no upcoming events or CLE programs to report.

 

Elder Law Section Activities

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VULNERABLE ADULT SUBCOMMITTEE ANNOUNCEMENT: There are planned Vulnerable Adult Subcommittee meetings on the following dates from 12:00 to 1:30 to be held in my office in Edina (5001 Chowen Avenue South, Minneapolis, MN 55410). The next meeting will be held April 17, 2014. Please call Ken LaBore at 612-743-9048 or email him at KLaBore@MNnursinghomeneglect.com.

NEW LAWYERS COMMITTEE: Meetings will be held the second Thursday of every other month starting November 14, 2013 at noon. The new lawyers committee has set meeting topics for the coming year. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour would be questions and answers.

The meeting topics have been set in the following order:

 

1.      General Practice Tips including the initial client interview. Meeting date 3/13/14

2.      Billing including software, forms, retainer agreement fee, how to collect payment. Meeting date 5/8/14

3.      Probate including general overview, basic steps and forms. Meeting date 7/10/14

4.      Guardianship/Conservatorship including general overview, basic steps and forms. Meeting date 9/11/14

5.      Veteran's Affairs benefits. Meeting date 11/13/14

Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Please contact Pook Grathwol at  pgrathwol@chestnutcambronne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.comor (612) 630-3254.

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 18, 2013. 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, Pook Grathwol of CHESTNUT CAMBRONNE P.A., is Committee Chair.  For directions, or to attend by phone, please contact Bill Lent with CHESTNUT CAMBRONNE, P.A., at 612-336-2948 at least 24 hours in advance of the meeting
Topics for the meeting may be submitted to blent@chestnutcambronne.com under the subject heading “MA Committee Topic”, or faxed to 612-336-2940. Please be reminded that the meeting location is: Estate & Elder Law 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 that faces directly into the meeting room.

 
GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, February 21 at 3:30 pm. Please be reminded that the meeting location is: Estate & Elder Law 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 that faces directly into the meeting room. For further information, please contact David Rephan, Chair, at: drephan@chestnutcambronne.com.


Elder Law Website

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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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