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E-Newsletter of October 8, 2013 | Vol. 6, No. 41



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
Co-Chair, Awards Committee 


The MSBA Elder Law Section has allocated funds for five (5) scholarships to attend the 2013 Elder Law Institute- for more information, click here.. The institute occurs onOctober 30 and 31, 2013, at the Minnesota CLE Conference Center in Minneapolis. The scholarship covers the complete cost of tuition. (Recipients will need to cover any other expenses that they may incur.)

To qualify, 1) you must be a lawyer licensed to practice within the last three (3) years; 2) you must be practicing law within a solo, small firm, legal aid, or public interest law practice in either a paid or unpaid capacity; and 3) you must practice at least partly in elder law. Unemployed and underemployed attorneys are particularly encouraged to apply. Applications are available upon request by contacting Laura Orr at and including “ELI Scholarship” in your subject heading.

Interested applicants must apply by midnight on Monday, October 7, 2013. Scholarship recipients will be notified by Friday, October 11, 2013. Scholarship recipients must be section members by October 30, 2013; however, applicants do not need to be section members in order to apply and be selected. Previous recipients of scholarships from the MSBA Elder Law Section are ineligible.

Please contact Laura Orr ( for any further information.

Submitted by Laura Orr


Elder Law News


In Minnesota, nurses in trouble get second chances | Star Tribune
Prosecutors, police join forces to combat elder abuse | Crookston Times
Nursing homes should not be elderly storage units | The Herald News
Number of Minnesota housing co-ops surging ahead of nation | Pioneer Press
Cass County TRIAD promotes senior safety |
Minnesota Senior LinkAge Line volunteers needed | St. Peter Herald
As dental care funding decays, Minnesota's most vulnerable suffer | Duluth News Tribune
State incentives to improve nursing home quality work | Insight News

Submitted by Joel Smith

Elder Law Cases

The following unpublished Opinion was released by the MN Court of Appeals on September 30, 2013:


State of Minnesota, Appellant,
Final Exit Network, Inc., Respondent (A13-0565),
Lawrence Deems Egbert, Respondent (A13-0564),
Roberta L. Massey, Respondent (A13-0563).

These consolidated pretrial appeals concern the constitutionality of Minn. Stat. § 609.215, subd. 1 (2006), which criminalizes speech that “advises” and “encourages” another in taking the other’s life.  Appellant State of Minnesota argues that the district court erred by determining that criminalizing speech that “advises” suicide violates the First Amendment to the United States Constitution.  By notices of related appeals, respondents argue that the district court erred by determining that the statute’s provision relating to speech that “encourages” can be narrowly construed to be constitutional.  Respondents also argue that the district court erred by concluding that probable cause supports the indictment charging them with violating Minn. Stat. § 609.215 (2006).  We affirm in part, reverse in part, and remand.

The Opinion is available here.

Unpublished Opinions are not to be cited except as provided by Minn. Stat.  § 480A.08, subd. 3 (1996).

Submitted by Andrea Palumbo

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

Advance Care Planning Discussion

Mark your calendars for a Minnesota Healthcare Roundtable discussion on the topic of Advance Care Planning.  The Roundtable discussion takes place on Thursday, October 24, 2013, from 1 – 4 pm at the Symphony Ballroom in the Downtown Minneapolis Hilton and Towers.  The event is hosted by Minnesota Physician Publishing with current panelists of Ed Ratner, MD, University of Minnesota Center for Bioethics; Suzanne M. Scheller, Esq., Scheller Legal Solutions LLC; Cheryl Stephens, PhD, MBA - President, CEO, Community Health Information Collaborative; and Tomás Valdivia, MD, MS - CEO, Lumināt.   Tickets and information available at Minnesota Physician Publishing at 612.728.8600.  Contact Suzanne Scheller at for a limited number of complimentary tickets.

Submitted by Suzy Scheller

Wednesday, October 30, 2013 - Thursday, October 31, 2013
8:50 AM - 4:30 PM (Central Time) 
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor City Center
Minneapolis, MN 55402-1641

For full details, click here.

Elder Law Section Activities


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 dates are November 21, 2013, January 16, 2014, and April 17, 2014. Please call Ken LaBore at 612-743-9048 or email him 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.

Go to the Section Website Header