MinnesotaBarwebsite-ebook-460x90-LawPay

MSBA News

08-03-15

MSBA ELDER LAW SECTION E-NEWSLETTER
August 3, 2015

Vol. 8, No. 31
E-Newsletter Editorial Staff:
Communications Committee Chair:  Allison Burke
Editor in Chief:  Margaret Kyle
Web Editor: Christine Huberty
Contributors:  Barb Brekke, Laura Zdychnec, Christina Groshek

EVENTS IN THE NEXT 3 WEEKS 

MEDICAL ASSISTANCE COMMITTEE MEETING Tuesday, August 18, 2015 at 3:30 p.m. at Estate & Elder Law Services, Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418.  Park behind the building or on the street and enter through the back door on the parking lot, facing the meeting room. Bring your questions questions and topics to the meeting, or email to tsherman@plutolegal.com under the subject heading “MA Committee Topic”. To attend by phone, please contact Tracy Sherman with Pluto Legal, PLLC, at tsherman@plutolegal.com or 507-247-5900 at least 24 hours in advance of the meeting.

ELDER LAW SECTION GOVERNING COUNCIL Friday, August 21, 2015 at 3:30 p.m. at  Estate & Elder Law Services, Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418. Park in the back lot or on the street and enter through the back door facing the meeting room.  Someone will see you and let you through the secure door. For further information, please contact Mary Frances Price, Chair, at MFPrice@mnelderlaw.com or (952) 929-0622

YOUR CHANCE TO WRITE A LAW REVIEW ARTICLE WITH RELATIVE EASE

The Executive Editor of the soon-to-be Mitchell | Hamline Law Review, is seeking articles about Elder Law topics for publication in Spring 2016. The issue will be fully dedicated to any and all Elder Law issues, including estate planning, VA, and SSDI benefits.  Even better, the law review staff is available for  do research, editing, etc. 

The Mitchell | Hamline Law Review also appreciates very "practical" articles that simply state what the law is and can be used a reference for practitioners. The editor has already done research on the new ABLE act (tax free accounts for disabled individuals for their disability-related expenses) that would go nicely in an article on Supplemental or Special Needs Trusts. Even a Medicare primer would be publishable, and the editor has researched Part B late enrollment premium increases (and avoiding them) for working Medicare-eligible individuals. An article on social security disability family maximums and how those are calculated would be wonderful. Anything on the VA would be great. 

The early (and negotiable) deadline for drafts is mid-September. Would you like to write an article?  Contact Christine Groshek, christina.groshek@wmitchell.edu

WEB EDITOR POSITION OPEN

Position Description: Monitor DHS website for new bulletins and manual letters pertaining to Elder Law. Collect and compile these updates and email to Tram Nguyen at tnguyen@statebar.gen.mn.us periodically to include on the Links/Resources page. Annually update the Mary Alice Gooderl Award Recipient page. Research, collect, and submit additional updates as requested by the section. If you are interested, please contact Margaret Kyle at margaret@kylelawmn.com or 612-615-9535. 

PRO BONO OPPORTUNITY

Serve MN:  Real Help from Lawyers for Families Dealing with Dementia

Elder law attorneys are encouraged to sign-up for this new opportunity to provide important information and resources to individuals recently diagnosed with Alzheimer’s and to their families.  The Pro Bono Committee of the Elder Law Section of the MSBA is working with the Alzheimer’s Association of Minnesota and North Dakota to engage attorney volunteers to provide legal information and resources to individuals and families impacted by Alzheimer’s.  Please consider learning more about this new exciting pro bono opportunity.  If you would like to participate, please complete the enrollment form at Pro Bono Application and submit it to icaservemn@gmail.com

Submitted by Barb Brekke, bbrekke@brclawyers.com

ELDER LAW NEWS

Please submit news articles of interest to Margaret@kylelawmn.com

ELDER LAW CASES

The following unpublished opinion was issued by the Minnesota Court of Appeals on July 27, 2015:

A14-1939
Scheffler v. Minnesota Department of Human Svcs.
Schellhas, Judge

Scheffler challenged the termination of his MinnesotaCare medical coverage following his receipt of Social Security Disability Insurance (SSDI) payments and resulting eligibility for Medicare.  When his premiums and out-of-pocket medical costs increased through Medicare, he enrolled in Medical Assistance for Employed Persons with Disabilities, but his costs were still higher than when he had been on MinnesotaCare.  Scheffler argued that termination of MinnesotaCare coverage resulted from his disability determination, and therefore constituted discrimination.  On administrative appeal, the Human Services Judge recommended the termination be affirmed and noted that Human Services Judges do not have authority to rule on constitutional or discrimination law. The Commissioner adopted the recommendation.  Scheffler appealed to the district court and moved for summary judgment.  Anoka County filed a cross-motion for summary judgment.  The district court concluded that Scheffler failed to establish a prima facie case of disability discrimination and granted summary judgment in favor of the county.  The Court of Appeals affirmed, concluding that Scheffler’s argument that he be permitted to enroll simultaneously in two public programs that provide the same type of benefit lacks legal support and merit.

Schleffer Decision

The following unpublished opinions were issued by the Minnesota Court of Appeals on July 6, 2015:

A14-1655
In re the Estate of Barbara Jean LaPoint
Hudson, Judge

In this probate appeal, appellants challenge the district court’s order denying their claim against an estate for satisfaction of a promissory note signed only by the decedent in connection with a mortgage on appellants’ home. They argue that they were third-party beneficiaries of the note and therefore entitled to enforce the note against the estate; that any agreement that they pay the mortgage following the decedent’s death was not enforceable based on the credit-agreement statute of frauds; and that they should be indemnified for their payment of the mortgage after her death. We affirm.

In re LaPoint

A14-1691
Estate of Werner v. Werner
Ross, Judge

Decedent Lawrence Werner’s son, Kreg Werner, and Kreg’s stepmother, Vivian Werner (who is also personal representative of Lawrence’s estate), fight over the title to an eight-unit apartment building in Shakopee. Lawrence and Kreg had entered into a contract for deed under which Kreg would buy the property from Lawrence by making monthly payments for a period of years. Lawrence later helped Kreg get a bank loan on the property by assigning to the bank his and Vivian’s interest in the contract for deed, and he executed a quitclaim deed in the bank’s favor. The bank registered the quitclaim deed. After Lawrence died, the bank assigned its deed to Kreg, who had satisfied the loan. Kreg then registered the deed, apparently acquiring legal title. Vivian sued Kreg for ownership on behalf of the estate, asserting quiet-title and fraud claims, among others. The district court conducted a bench trial and found against the estate. The Court of Appeals affirmed, concluding that the estate did not meet its burden of proof on these claims.

In re Werner v. Werner

A14-1347
In re the Estate of Loretta M. Chisholm
Hudson, Judge

Several of the decedent’s children challenged the district court’s order finding that when she executed a new will shortly before her death she lacked testamentary capacity and was unduly influenced. The decedent’s final will resulted in a substantial change in previously expressed intention with regard to distribution of her farmland, and at a time when she was under the care and supervision of the appellants.  The Court of Appeals affirmed the district court’s finding that the decedent was unduly influenced and the will was therefore invalid.  Having concluded the will was invalid, the Court did not reach the issue of testamentary capacity.

In re Chisholm

Submitted by Laura Zdychnec, LZdychnec@mnelderlaw.com

STATUTES, REGULATIONS, BULLETINS

Please send submissions to Margaret Kyle at Margaret@kylelawmn.com

 CALL FOR SUBMISSIONS 

Do you have a great story, have you read a good book, have you dealt with a case that relates to elder law? The Communications Committee is always looking for informative items for the weekly newsletter. Please email submissions to the newsletter editor, Margaret Kyle, margaret@kylelawmn.com.

ELDER LAW SECTION ACTIVITIES

ADVOCACY COMMITTEE:

Contact David Rephan at drephan@chestnutcambronne.com or Suzy Scheller at suzy@schellerlegalsolutions.com for more information.

EDUCATION COMMITTEE:

The committee last put on a CLE on April 28 covering distinctions in procedure and law when addressing concerns with nursing homes versus other long-term care settings like assisted living and housing with services.   Anyone who would like to contribute to planning and presenting future CLE’s may contact Laura Orr at laura.orr@smrls.org

GOVERNING COUNCIL: 

The remaining 2015 meetings of the Elder Law Section Governing Council will be held at 3:30 pm on the following remaining Fridays:

August 21, 2015
October 16, 2015
December 18, 2015          

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 Mary Frances Price, Chair, at MFPrice@mnelderlaw.com or (952) 929-0622

MA COMMITTEE MEETING: 

The 2014-2015 MA Committee meeting will be at 3:30 p.m. on the third Tuesday of every other month (except the fourth Tuesday in June):

August 18, 2015
October 27, 2015 (date change due to conflict with the Elder Law Institute
December 15, 2015

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, Lisa Pluto, of Pluto Legal, PLLC, is Committee Chair.  For directions, or to attend by phone, please contact Tracy Sherman with Pluto Legal, PLLC, at tsherman@plutolegal.com or 507-247-5900 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to tsherman@plutolegal.com under the subject heading “MA Committee Topic”, or faxed to 507-247-5868.

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.

NEW LAWYERS COMMITTEE:

Meetings will be held the second Thursday of every other month at noon.  Each meeting has a different topic based upon input from the new lawyers committee.  Minutes of past meetings are available. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour will be questions and answers.

Upcoming meeting dates:

September 10, 2015
November 12, 2015

Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Please contact Pook Grathwol at pgrathwol@chestnutcambronne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or  (612) 630-3254.

PRO BONO COMMITTEE:

Meetings will be held the third Friday of every other month, from 12-1pm. Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Questions may be directed to Jill Sauber at jsauber@maserlaw.com.

September 18, 2015
November 20, 2015

VULNERABLE ADULT COMMITTEE:

Meetings are held from 12:00 – 1:30 at Ken LaBore's office located at 5001 Chowen Avenue South.  Ken always provides pizza and drinks.  Contact Ken at Klabore@MNnursinghomeneglect.com or 612-743-9048.

***********************************************************************

DON'T FORGET 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.

To access the ELDER LAW SECTION WEBSITE click here.  

************************************************************************

Please send E-Newsletter contributions by 10 p.m. on Sunday of every other week to Margaret Kyle at margaret@kylelawmn.com.

If you do not wish to receive this E-Newsletter, send your request to be removed from the mailing list to Tram Nguyen at tnguyen@mnbar.org.

Current and prior E-Newsletters are posted on the website for the MSBA Elder Law Section and are available here.