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MSBA News

09-28-15

MSBA ELDER LAW SECTION E-NEWSLETTER
September 28, 2015

Vol. 8, No. 39
E-Newsletter Editorial Staff:
Communications Committee Chair:  Allison Burke
Editor in Chief:  Margaret Kyle
Web Editor: Christine Huberty
Contributors: Barb Brekke, Julian Zweber, Mary Frances Price, Genevieve Gaboriault, Allison Burke, Laura Orr

UPCOMING EVENTS

ELDER LAW SECTION AWARDS: Final day to submit nominations is Wednesday, September 30, 2015 at 5:00pm. Please see details below, and contact Julian J. Zweber with nominations at 1360 Energy Park Drive, Suite 310, St. Paul, MN 55108-5252, telephone 651-646-4354 or 651-646-4539 (FAX) or julianzweber@qwestoffice.net.

EDUCATION COMMITTEE MEETING:  Thursday, October 8, 3:30 p.m. at SMRLS Central Office, 55 East Fifth Street, Suite 400, St. Paul, MN, 55101. Contact Laura Orr at laura.orr@smrls.org if you would like to attend in person or by phone.                     

ELDER LAW INSTITUTE:  Monday- Tuesday October 19-20, 2015 from 8:55 am – 4:50 pm  at Minnesota CLE Conference Center, 600 Nicollet Mall # 370, 3rd Floor, City Center, Minneapolis, MN 55402-1641.  Don’t miss this annual event!

Please see attached brochure: https://www.minncle.org/materials/seminars/10616.pdf

Submitted by Genevieve Gaboriault, gegaboriault@mylegalaid.org

ELDER LAW SECTION GOVERNING COUNCIL MEETING: Tuesday, October 20, 2015 at 7:30am. This meeting will be held at the Elder Law Institute.  There will be breakfast burritos available for all who attend!                      

                    NOMINATIONS FOR ELDER LAW SECTION AWARDS

                        DEADLINE WEDNESDAY SEPTEMBER 30

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 October 19-20, 2015.  Nominations are being sought for the following Awards:

The Mary Alice Gooderl Memorial Award

The Mary Alice Gooderl Memorial 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.

The Lifetime Service Award

The Lifetime Service Award is presented to a member of the section who has made outstanding contributions to the Elder Law Section over an entire career or many years of service.

The Elder Law Section Hall of Fame

The Governing Council has authorized a new Award category to be known as the Elder Law Section Hall of Fame. The criteria for admission to the Hall of Fame include:

1. Membership in the Elder Law Section.

2. Success in litigation or other public or private advocacy having a substantial positive impact on the elderly or on the way Elder Law attorneys practice Elder Law.

3. Success in persuading CMS, DHS or another government agency to adopt substantial positive changes in medical assistance or other government programs or policies affecting the Elderly.

3.    Publication of important works in the literature or other media to educate consumers or Elder Law attorneys regarding any important subject affecting the Elderly.

4. Success in obtaining legislation to protect or improve the rights or condition of the Elderly.

5. Efforts to accomplish the criteria in sections 1 to 4 that fall short of success but still deserve recognition for substantial efforts toward an important goal.

6. Other important activities by Section members that the committee members believe deserve recognition in our Hall of Fame.

For the first year of the Elder Law Section Hall of Fame, the Awards Committee will give preference to nominations of former or present Section members who were active in the early years of the Section.  The Section was founded in 1991.

Special Recognition Awards

These awards are for special efforts or accomplishments of a more isolated nature that deserve special recognition since the last Awards ceremony.  Examples of this award were the award given to Vicki McIntrye for serving as first editor of the e-Newsletter, and the awards given to Tom Meinz and to the Barg children for persevering in the Barg case.

Nominations will close at 5 pm on Wednesday, September 30, 2015. 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 julianzweber@qwestoffice.net.

Submitted by Julian Zweber, julianzweber@qwestoffice.net

                               WHAT WOULD YOU LIKE TO LEARN?

The 2015 Elder Law Institute begins on Monday, October 19. Whether you plan to attend or not, please take a time to check out this year's itinerary. The planning committee assembled great presentations covering emerging issues as well as important basics.

The schedule also happens to include encore presentations of CLEs coordinated by the section's Education Committee in January and April 2015. If you would like to play a role in planning the issues that are studied and taught in CLE seminars during the reminder of the section year, please consider participating in the Education Committee.

The next committee meeting will be at 3:30 P.M. on Thursday, October 8 at SMRLS Central Office, 55 East Fifth Street, Suite 400, St. Paul, MN, 55101. Laura Orr of SMRLS Metro Senior Law Project will be chairing the section's Education Committee this year. Please feel free to contact Laura at laura.orr@smrls.org if you would like to join the committee, receive information about participating in a meeting by telephone, or simply share a suggestion about how the section's CLE programming can meet your needs.

Submitted by Laura Orr, laura.orr@smrls.org

GOVERNING COUNCIL ANNUAL MEETING UPDATE

The Governing Council of the Elder Law Section held its annual meeting on June 19. In addition to the newly appointed members mentioned last issue, Jeanine Johnson has also been nominated as Diversity Representative for the section this year. Thank you for serving, Jeanine.

Submitted by Mary Frances Price, MFPrice@mnelderlaw.com

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

Legal Services Commissioner v P C Bevan [2015] QCAT 290. An interesting ethics case from Australia. Bevan Case

Submitted by Allison Burke, aacburke@gmail.com

STATUTES, REGULATIONS, BULLETINS

Please submit statutes, regulations, or bulletins of interest to 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:

Laura Orr of SMRLS Metro Senior Law Project is chairing the section's Education Committee this year. Please feel free to contact Laura at laura.orr@smrls.org if you would like to join the committee, receive information about participating in a meeting by telephone, or simply share a suggestion about how the section's CLE programming can meet your needs. The next meeting is:

Thursday, October 8 at 3:30 p.m. at SMRLS Central Office, 55 East Fifth Street, Suite 400, St. Paul, MN, 55101.

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:

October 20, 2015 at 7:30 A.M. (note date and time change due to Elder Law Institute)

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):

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:

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.

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.

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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.  

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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.