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E-Newsletter of September 10, 2013 | Vol. 6, No. 37



The Awards Committee of the Elder Law Section is seeking nominations for Section awards to be presented at the Minnesota CLE Elder Law Institute on Wednesday, October 30, 2013.  Nominations are being sought for the Mary Alice Gooderl Memorial Award.  This Award is presented by the Elder Law Section to acknowledge outstanding contributions to the field of Elder Law by a member of the Elder Law Section, as exemplified by Mary Alice Gooderl, one of the founders of the Elder Law Section.  In addition, the Awards Committee considers nominations for special awards to recognize special achievements by section members or special contributions to the Elder Law Section or the field of Elder Law.
Nominations will close at 5 pm on Friday, October 18, 2013. Please submit nominations to Julian J. Zweber at 1360 Energy Park Drive, Suite 310, St. Paul, MN 55108-5252, telephone 651-646-4354 or 651-646-4539 (FAX) or

Submitted by Julian J. Zweber, Esq.
Co-Chair, Awards Committee


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).
 Pizza and beverages will be provided for lunch at the first meeting Thursday, September 19, 2013.   The initial meeting will be to meet others interested in advocating on behalf of vulnerable adults and set and agenda and project(s) for the subcommittee.

The dates are: 
Thursday September 19, 2013
November 21, 2013
January 16, 2014
April 17, 2014

Please call Ken LaBore at 612-743-9048 or email him at
 Submitted by Ken LaBore, Esq.


Emergency Guardianship: Under Minn. Stat. 524.5-311, an emergency guardian’s authority may not exceed 60 days. Therefore, it is crucial that the petitioner also file a petition for a general guardianship petition and prepare evidence and witnesses (including a doctor if needed) for the general guardianship hearing right away. If the trial on the general guardianship is delayed beyond 60 days, the judge might not allow the emergency guardianship to continue and there might be a lapse where no guardian is in place.

Submitted by David Rephan

 Head over to to check out these recently added resources designed to help you assist your pro bono clients (log-in required):

  • Presented by Lori Skibbie (Attorney, Estate & Elder Law Services) and Sean Burke (Staff Attorney, Mid-Minnesota Legal Aid)
  • By Eric Carlson; published by National Senior Citizens Law Center

The following pro bono cases remain available for placement at
Keep track of your pro bono hours throughout the year to report with the MSBA’s North Star Lawyer Program. You may also claim 1 hour of CLE credit for every 6 hours of pro bono legal representation provided in a case that has been referred to you by an approved legal services provider or by a MN Judicial Branch program. Visit the Minnesota Board of CLE for more information.      

Submitted by Adam Rohne, Esq. 

Elder Law News


Information meetings planned for Medicare | Austin Daily Herald
Minnesota hospitals' end-of-life care praised in national report | Pioneer Press
New program for seniors seeking employment | Aitkin
Two Minnesota seniors honored at Minnesota State Fair - See more at: WDAZ
Re-admissions prove costly for Minnesota, U.S. hospitals | Pioneer Press
Program hopes to accommodate "demographic tsunami" of seniors | CBS News
When Medicare runs out for nursing-home patients |
Study Shows Racial Disparities in Nursing Home Care | Science World Report
Married Medicare beneficiaries get equal access to nursing homes regardless of sexual orientation | Senior

Submitted by Joel Smith, Esq.

Elder Law Cases

The following unpublished opinion was issued by the Court of Appeals on September 3, 2013:

In re the Estate of: Chester J. Olson, Deceased.

Appellant challenges the district court’s denial of the relief requested in his petition for determination of descent of property omitted from decedent’s estate.  Appellant argues that the district court erred by finding that his petition was barred by the statute of limitations and by finding that decedent’s will created a valid trust.  Because we conclude that appellant’s petition, to the extent that it sought to alter the previous construction of the will, was time-barred and that the underlying trust was valid, 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, Esq.

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

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

Elder Law Section Activities


PRO BONO COMMITTEE MEETING: The mission of the Pro Bono Committee is to work with existing pro bono programs and elder service groups to make section members aware of pro bono opportunities, to connect section members with existing pro bono programs, and to expand pro bono services offered for elders. The next meeting of the Pro Bono Committee will be held on Friday, September 20th from 12:00-1:00pm at the law offices of Chestnut Cambronne, 17 Washington Ave. N., #300, Minneapolis, Minnesota. All section members are encouraged to attend. Anyone interested in serving on the Pro Bono Committee may contact Chair, Adam Rohne at

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 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 (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
 The next meeting of the Elder Law Section Governing Council will be on Friday, October 31, 2013 at 7:30 am. Please be reminded that the meeting location is: MSBA Offices, 600 Nicollet Mall, #380, Minneapolis, MN 55402. The meeting will take place in the conference room before the Elder Law Institute begins.

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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