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E-Newsletter of July 16, 2013 | Vol. 6, No. 29

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LINK OF THE WEEK 


Below a link to the new Guardian and Conservator Registry pursuant to Minn. Stat. § 524.5-119. The legislation behind the registration is to allow the public and other professionals to easily identify the number of cases a particular guardian/conservator has and the venue for each of the cases.  The registry allows you to set parameters on your search and then print a report based on the search. 
A big thank you to the Minnesota Court staff who developed the registry in a manner so as to avoid passing on any costs to the guardians/conservators or wards/protected persons. To visit the registry, click here. 
Submitted by Lori Skibbie, Esq.
lskibbie@voamn.org

 

Elder Law News

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There is no news to report this week. 


Elder Law Cases

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A12-1279
 In re the Guardianship and/or Conservatorship of Heidi Anne Vizuete
HOOTEN, Judge

Appellant father challenges the district court’s order appointing respondent, his former spouse and mother of the proposed ward, as guardian of his daughter and denying his request for appointment of a conservator.  He argues that the district court lacked jurisdiction to interfere with his custodial rights, failed to appoint a guardian ad litem, exhibited bias by providing his former spouse with a publicly financed attorney, and abused its discretion by appointing respondent as guardian with all of the statutorily-enumerated powers set forth in the guardianship statute.  Because appointment of respondent as the sole guardian of the parties’ daughter unlawfully modified and abrogated the parties’ custodial arrangement, we reverse and remand.
The opinion is available here.

A12-1701
In the Matter of the Edward M. Anderson Trust
HUDSON, Judge

In this appeal from a probate order denying appellant’s petition to reform the trust and terminating appellant’s right to occupy the homestead property, appellant argues that the district court erred by (1) rejecting her claim that the transfer of homestead property to the trust was procured by fraud or misrepresentation, invalidating the transfer; (2) denying as untimely her claim for an elective share of the homestead under Minn. Stat. § 524.2-402 (2008), because the district court order conveying decedent’s non-trust property de facto probated the will, making her claim timely under Minn. Stat. § 524.2-211(f) (2008); and (3) terminating her right to occupy the homestead property because she committed waste.  Because appellant’s misrepresentation claim lacks merit, the estate was not de facto probated, and appellant’s waste terminated her right to occupy the property under the terms of the trust agreement, we affirm.
 The opinion is available here.
 Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.

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

 

Elder Law Statutes, Regulations, and Bulletins

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A12-1279
 In re the Guardianship and/or Conservatorship of Heidi Anne Vizuete
HOOTEN, Judge

Appellant father challenges the district court’s order appointing respondent, his former spouse and mother of the proposed ward, as guardian of his daughter and denying his request for appointment of a conservator.  He argues that the district court lacked jurisdiction to interfere with his custodial rights, failed to appoint a guardian ad litem, exhibited bias by providing his former spouse with a publicly financed attorney, and abused its discretion by appointing respondent as guardian with all of the statutorily-enumerated powers set forth in the guardianship statute.  Because appointment of respondent as the sole guardian of the parties’ daughter unlawfully modified and abrogated the parties’ custodial arrangement, we reverse and remand.
The opinion is available here.

A12-1701
In the Matter of the Edward M. Anderson Trust
HUDSON, Judge

In this appeal from a probate order denying appellant’s petition to reform the trust and terminating appellant’s right to occupy the homestead property, appellant argues that the district court erred by (1) rejecting her claim that the transfer of homestead property to the trust was procured by fraud or misrepresentation, invalidating the transfer; (2) denying as untimely her claim for an elective share of the homestead under Minn. Stat. § 524.2-402 (2008), because the district court order conveying decedent’s non-trust property de facto probated the will, making her claim timely under Minn. Stat. § 524.2-211(f) (2008); and (3) terminating her right to occupy the homestead property because she committed waste.  Because appellant’s misrepresentation claim lacks merit, the estate was not de facto probated, and appellant’s waste terminated her right to occupy the property under the terms of the trust agreement, we affirm.
 The opinion is available here.
 Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.

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

 

Upcoming Events and CLE Programs

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There are no upcoming events or CLEs to report this week.

 

Elder Law Section Activities

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GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, August 23, 2013 at 3:30 pm. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal 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 which 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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