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E-Newsletter of April 1, 2014 | Vol. 7, No. 14



The following is a case note from Legal Services of Northwest Minnesota, Inc. The case note was originally published in the Legal Services State Support newsletter, JUST News:

Our client was denied medical assistance based upon the county's improper calculation of monthly income from a $30,000 worker's compensation annuity received every five years. The client last received the annuity in August 2012, and the county concluded this resulted in an additional $600 per month in income (thereby preventing him from the receipt of MA). We represented the client at an appeal hearing before an administrative law judge, arguing that the annuity should have been counted as income in the month received (under 20 C.F.R. section 416.1123(a)), and an asset thereafter, under asset rules. When no state law or rule, or federal law or rule, specifically requires a certain income counting methodology, the SSI methodology should be used (see Minn. Stat.  256B.056, 1a(a)(1)). The ALJ agreed and reversed the county's denial of MA, retroactive to March 1, 2013.

Special thanks to Twin Cities attorney Julian Zweber for sharing his expertise on the matter. Contact: Sherry Bruckner, staff attorney, 



The Immigrant Law Center of Minnesota (ILCM) has announced the next training for its Pro Bono Naturalization Project, which is hosted by Faegre Baker Daniels LLP. The training takes place on Friday, April 11th from 9:00 a.m. – 12:45 p.m. Light breakfast will be provided, and ILCM has applied for 3.5 hours of standard CLE credit. The training is free to those who agree to accept a pro bono naturalization case with ILCM and $100 for all other attendees. Register online or learn more at

Submitted by Adam Rohne


Elder Law News


Nursing home employee fired for check forgery | SCTimes

Senior's rape throws light on problems in assisted-living homes | Star Tribune

Some welcome news | Fairmont Sentinel

State: No effort to revive man at nursing home | Fairmont Sentinel

When you need a little help: Alternatives to nursing home care
The Chaffee County Times

Submitted by Joel Smith

Elder Law Cases

There are no new cases to report this week.



Elder Law Statutes, Regulations, and Bulletins

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


Upcoming Events and CLE Programs

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   

Submitted by Alice Berquist


Who Calls the Shots? Exploring the Authority of the Principal, Agent, and Provider under a Health Care Directive


Friday, April 15, 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 February 18, 2014.

Submitted by Jill Adkins

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

Elder Law Section Activities


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

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 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, 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 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:


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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