E-Newsletter of March 11, 2014 | Vol. 7, No. 11
There is no news to report this week.
The following decisions were released by the Minnesota Court of Appeals on March 3 2014:
In re Guardianship and Conservatorship of Helen Louise Durand, Ward/Protected Person.
Minnesota Statute section 524.2-212, which requires a protected surviving spouse to receive court authorization before filing an elective-share petition, does not violate equal protection rights under the Minnesota Constitution because protected and non-protected spouses are not similarly situated.
The opinion is available here.
In the Matter of the Guardianship of: Joy Bostrom, Ward.
Appellant challenges the district court’s order denying her petition for restoration to capacity, arguing that she is no longer an incapacitated person, that her mental-health commitment is a less-restrictive alternative to guardianship, and that guardianship is not appropriate in her circumstances. Because the district court did not abuse its discretion by denying appellant’s petition to restore her to capacity, we affirm.
The opinion is available here.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).
Submitted by Andrea Palumbo
There are no statutes, regulations, or bulletins to report.
Who Calls the Shots? Exploring the Authority of the Principal, Agent, and Provider under a Health Care Directive
Friday, April 18, 2014 8:00 AM to 9:00 AM
Salon D | Radisson Hotel Roseville Roseville, MN
For further details, and to register, click here. Registration is due by April 15, 2014.
Submitted by Jill Adkins
On April 6, 7 and 8 the Minnesota Network of Hospice and Palliative Care is hosting a conference “Improving Education/Improving Lives” at the Doubletree Hotel in Bloomington. Following are some of the highlights:
· Sunday, April 6, 2014, Lynn McPherson, PharmD, BCPS, CPE speaking on It Takes a Village: Effective Pain and Symptom Management at the End-of-Life
· Monday, April 7, 2014, keynote speaker, Christina Puchalski, MD, MS speaking on The Essential Role of Spirituality into Palliative Care: A Whole-Person Model of Care
· Tuesday, April 8, 2014, keynote speaker, Jay Westbrook, MS, RN, CHPN presenting Language of the Heart: Empowering Dying Patients & Grieving Families
You can access the brochure and download it at any time by visiting www.mnhpc.org.
Submitted by Alice Berquist
Hamline University School of Law will be offering a condensed "Elder Law" class from June 17-21, 2014. This course earns 2 law school credits or 23.5 CLE credits. To visit the website, click here.
Course Description: This course examines a number of legal, ethical, and social issues raised by our nation's growing elder population. Special attention is given to: (i) elder abuse, neglect, and financial exploitation; (ii) the licensing, certification, accreditation, and general regulation of health care and housing providers; (iii) end-of-life issues, including senior settlements, health care directives, surrogacy, and physician-assisted suicide; (iv) guardianship and conservatorship; (v) financial planning for retirement; (vi) managing and paying for health care, including Medicaid, Medicare, long-term care insurance, and health care reform issues; (vii) property management, including durable powers of attorney for property, joint ownership and financial accounts, trusts, and estate planning; (viii) age discrimination; (ix) ethical issues in elder representation; and (x) other family issues, including “grandparents as parents,” grandchild visitation, and later marriages and re-marriages.
Submitted by Thaddeus Pope
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 firstname.lastname@example.org or (612) 336-2919 or Jeanine Johnson at email@example.com (612) 630-3254.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, April 15, 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 firstname.lastname@example.org 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, April 18 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: email@example.com.
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.
Go to the Section Website