E-Newsletter of April 8, 2014 | Vol. 7, No. 15
ITEM OF INTEREST
Input on Olmstead Plan sought from people with disabilities, others
Input from individuals with disabilities, their families, advocacy organizations, service providers and others is being sought on modifications to a plan that will help Minnesota develop the next generation of opportunities for people with disabilities. A subcabinet of state agency leaders led by Lt. Gov. Yvonne Prettner Solon is holding listening sessions throughout the state over the next several months. More information is available here.
Submitted by Kim Dayton
ARTICLE OF THE WEEK
Three Small Learning Curves When Advocating On Behalf Of Elderly Clients
1. What is the court’s reaction to petition on behalf of yourself for a Guardian? Ramsey County was recently receptive to the idea when the Petition was narrowly tailored to help facilitate health care and benefits for a mentally ill petitioner/proposed ward; the petitioner had made decisions clearly against her best interest; and a Guardian was found that would act on behalf of the In Forma Pauperis ward.
2. What is the definition of “recurring” medical expenses to offset income when awarding food stamp (SNAP) benefits? It is not specifically defined in federal regulations, but examples are sufficient to guide county workers to determine that expenses are not “recurring” if they are not incurred monthly. Therefore, beneficiaries who buy three month’s supply of medicines, purchase medications when they are able to get to the pharmacy due to physical limitations, or purchase intermittent medical supplies cannot submit receipts annually to count for the next certification period but rather must submit medical receipts as they are incurred, with adjustments being made in SNAP benefits in the following month.
3. For Medical Assistance beneficiaries, when are Metro Mobility rides to medical appointments covered? The beneficiary must coordinate their rides to medical appointments through MNET (Minnesota Non-Emergency Transportation; the provider of choice) in order to have the rides be covered. MNET may then utilize Metro Mobility or another entity to fulfill the transportation request. A beneficiary may not contact Metro Mobility directly and have transportation to medical appointments be a covered benefit, but must first contact MNET.
Submitted by Suzanne M. Scheller
There is no news to report this week.
There are no new cases to report this week.
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 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
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