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E-Newsletter of April 23, 2014 | Vol. 7, No. 17



Congratulations to Kim Dayton, editor of the new book Comparative Perspectives on Adult Guardianship. To read more about the book, click here.

Submitted by Laurie Hanson


Elder Law News


Long-Term Care: Why your location really matters | Brainerd Dispatch

Medicare data: Minnesota providers collect less on average than peers | Pioneer Press 

Genworth 2014 Annual Cost of Care Survey: At Home Care Costs Down in Minnesota | MarketWatch

Avoiding The Nursing Home Ups The Risk Of Unwanted Medical Care | NPR

Submitted by Joel Smith

Elder Law Cases

The following opinions issued by the Minnesota Court of Appeals on Monday, April 14, 2014:


In the Matter of the Estate of:  Janet Rae Pawlik, a/k/a Janet R. Pawlik, a/k/a Janet Pawlik, Deceased.

Hennepin County District Court, Hon. Dean  Maus,
A creditor who has a property right in or claim against a decedent's estate is an interested person under Minn. Stat. § 524.1-201(32) (2012), and therefore has standing to petition for a determination of descent under Minn. Stat. § 525.31 (2012).  A judgment creditor of an heir has a property right in a decedent's estate if the judgment can be satisfied by the heir's inherited property.

The opinion is available here.


In Re: The H & A Neumann Revocable Trust, dated September 21, 1995

In this trust proceeding, appellant-beneficiary Kimberly Pronschinske challenges an order issued by the district court under Minn. Stat. §§ 501B.16(23), .21 (2012), instructing respondent-trustee Eastwood Bank to distribute the trust’s real property equally between Kimberly and the other two beneficiaries of the trust.  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This opinion will be unpublished and may not be cited except as provided by Minn.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



Elder Law Statutes, Regulations, and Bulletins

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


Upcoming Events and CLE Programs

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


ArtSage presents the first Midwest Arts & Aging Conference & Showcase at the Union Depot in St. Paul on June 20th2014,bringing together teaching artists, senior organization staff members, funders and those interested in learning more about the field of arts & aging.


This day-long conference features respected leaders in the field of arts & aging, including keynote speaker Gary Glazner, founder of the national Alzheimer's Poetry Project; Maria Genne founder of Kairos Alive!; Jeanie Brindley Barnett, co-founder of MacPhail Center for Music's Music for Life™ Program; Joey Clark, master teaching artist, and others.
Attendees will learn how to develop successful arts programs for older adults with memory loss or physical disabilities, create intergenerational arts programs in the community or within a facility, utilize the resources of arts organizations that offer programs for seniors and learn about new evaluation strategies for arts programming for adults with memory loss.

In the afternoon experience the Teaching Artist Showcase featuring ten minute info sessions in all arts areas presented by ArtSage trained teaching artists or visit our Exhibitor Area.

Network with friends and colleagues during our Happy Hour at Christos and attend a book signing with Gary Glazner.

Submitted by Kim Dayton

Elder Law Section Activities


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, June 24, 2014. 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, June 20 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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