E-Newsletter of August 13, 2013 | Vol. 6, No. 33
ITEM OF INTEREST
Reminder about Links to Investigate Quality of a Nursing Home, Assisted Living, or Home Care Provider and Vacancies
State and federal database searches based on certain search criteria:
Nursing Home Compare - http://medicare.gov/nursinghomecompare/search.html
Nursing Home Selection- www.health.state.mn.us/nhreportcard/
Minnesota Help Info - http://longtermcarechoices.minnesotahelp.info/Survey and complaint data - www.health.state.mn.us/divs/fpc/inspresults.html
“Annual Quality Improvement Report on the Nursing Home Survey Process” - www.health.state.mn.us/divs/fpc/2011nhqifinalrpt.pdf
Current openings at certain long-term care facilities in the Twin Cities area: http://www.careoptionsnetwork.org/info/vacancy/
Submitted by Suzy Scheller, Esq.
ADVOCACY IN ACTION
Waiting for the federal government to issue guidelines on Social Security and Medicare benefits for same-sex married couples? The Director of the National Senior Citizens Law Center suggests making claims now to get the maximum benefit.
Submitted by Susanne "Anne" Starr Goodman
Minnesota law helps family caregivers | Star Tribune
The United States of Aging Survey 2013 | NCOA
Cognitive decline with age is normal, routine – but not inevitable | Senior Journal
Living to 120 and Beyond: Americans’ Views on Aging, Medical Advances and Radical Life Extension | Pew Research
Submitted by Joel Smith, Esq.
The following unpublished opinion was released by the Minnesota Court of Appeals on August 5, 2013:
In re Harry Inge Baker and Jeanne C. Baker Trust
Dated August 9, 1988
Janet Baker Evans as Successor Trustee of the Harry Inge Baker and Jeanne C. Baker Trust
Dated August 9, 1988,
Marla B. Smith, individually,
and as Personal Representative of the Estate of Jeanne C. Baker, et al., Respondents.
Appellant Janet Baker Evans, as Successor Trustee of the Harry Inge Baker and Jeanne C. Baker Trust dated August 9, 1988, challenges the district court's decision following a court trial arising from a dispute over the administration of a trust established by her late father and stepmother. Evans argues that the district court erred by: (1) determining that missing records precluded recovery of more than $250,000 of her claim; (2) applying the doctrine of laches against her as an alternative basis to deny that portion of her claim; (3) awarding attorney fees to respondents; and (4) applying a low lost-investment interest rate to the allowed portion of her claim.
We affirm the district court's ruling on the applicable lost-investment interest rate. But because the district court erroneously concluded that Evans could not recover undisputedly missing trust assets, abused its discretion in applying the doctrine of laches, and inappropriately awarded attorney fees to respondents, we reverse and remand to the district court for entry of an amended judgment and reconsideration of Evans's attorney-fee award.
The opinion is available here.
Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).
Submitted by Andrea Palumbo, Esq.
DHS announced the following in August 2013; complete Bulletins can be found at the links below:
#13-25-08 Use of a Standardized Tool in Assessment and Service Decisions for Vulnerable Adults
#13-25-07 Elderly Waiver- Monthly Conversion Budget Limits and Maintenance Needs Allowance changes
#13-11-02 2014 – 2015 County MFIP Biennial Service Agreement Guidelines
Submitted by Marit Peterson, Esq.
There are no upcoming events or CLEs to report this week.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 20, 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 (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.
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: 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