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MSBA Elder Law Section E-Newsletter | November 7, 2016

MSBA ELDER LAW SECTION E-NEWSLETTER

November 07, 2016

 

Vol. 9, No. 24

E-Newsletter Editorial Staff:

Communications Committee Chair:  Margaret Kyle

Editor in Chief:  Rachel Schromen

Web Editor: Bridget-Michaele Reischl

Contributors:  Joel Smith, Laura Orr, Jeanine Johnson, Julian Zweber

 

EVENTS SCHEDULED IN THE NEXT MONTH –

COMMUNICATIONS COMMITTEE:  November 9, 2016 at 8:30 a.m. at the law office of Margaret Kyle, 2332 Lexington Ave N., Roseville, MN 55113.

The Communications Committee oversees the weekly Elder Law E-Newsletter and the Elder Law Section website.  All members are welcome, and new members encouraged to join!  For more information, please contact Margaret Kyle at margaret@kylelawmn.com

NEW LAWYERS COMMITTEE:  November 10, 2016 at 12:00 p.m. at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401.

Each meeting has a different topic based upon input from the new lawyers committee.  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.

This month, Dan Steinhagen will be presenting on the ins and outs of opening and running a law firm.  He will also discuss his own probate practice.

For more information, please contact Pook Grathwol at pgrathwol@chestHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nutcambroHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or (612) 630-3254.

ELDER LAW NEWS

“Paramedics often receive little direction from nurses or medical records when handling end-of-life situations at nursing homes.

Nursing home employees caught sharing video of patients on social media. 

Great Recession led to less nursing home oversight.  

Submitted by Joel Smith, joel@koslawfirm.com

Please submit news articles of interest to Rachel@SchromenLaw.com

QUESTIONS AND ANSWERS FROM THE MSBA COMMUNITIES

Q1: Brother and sister were joint tenants on brother’s home beginning in 1998.  Brother eventually wound up in a nursing home on MedicalAssistance.  In May, brother died and his only remaining asset was his home.    Brother and sister had been in the process of selling the home and had a buyer lined up and ready to purchase.  Sister is now my client.  My question is, is the county/state entitled to any of the sale proceeds from the house?  

A1: No, since the joint tenancy was created prior to August 1, 2003, the sister gets to keep 100% of the proceeds and she is now the sole owner (since we have filed an Affidavit of ID & Survivorship).  However, the county may still require that a Clearance Certificate be completed despite acknowledging that they will not be able to pursue a claim. 

Q2: A client is the beneficiary of her deceased mother's life insurance policy.  The benefit amount is approximately $20,000.  The deceased mother was a recipient of MA-funded long-term care benefits in both Hennepin and St. Louis County.  She was on MA for many years after the age of 55.

The beneficiary daughter wants to know if the county should be able to recover benefits paid on behalf of her mother from the life insurance policy benefits that were assigned to her.

Under the "expanded definition of estate" in Minnesota Statutes Section 256B .15 subdivision 1a (b) (5), a person’s estate subject to MA recovery includes "assets conveyed to a survivor, heir, or assign of the person through survivorship, living trust, or other arrangements."

Does the term "other arrangements" include life insurance benefits?   Is the life insurance policy part of the expanded estate and therefore recoverable for MA? 

A2:  Unless the life insurance death benefit is payable to the insured's estate, it passes to the named beneficiary or beneficiaries free of a medical assistance claim.

Contributing attorney: Julian J. Zweber, julianzweber@qwestoffice.net

This new section highlights common questions and answers that arise in the MSBA Communities regarding elder law.   Please submit any interesting questions/answers you see to  Rachel Schromen at Rachel@SchromenLaw.com

CLE OPPORTUNITIES IN ELDER LAW

In the months following the Elder Law Institute October 6-7 (see above), the section will be sponsoring periodic free and reduced-price CLEs for its membership. Free CLEs and remote attendance options were well-received during the 2015-2016 year, and the section could use your help to make the opportunities plentiful, fresh, and useful.

Please e-mail Laura Orr (laura.orr@smrls.org) if you would like to participate in planning one or more CLEs during the 2016-2017 year. Laura will be scheduling a meeting by conference call in the 3rd week of September for those interested in planning or presenting CLEs this year. Contact Laura quickly if you'd like your own scheduling preference to be considered regarding the setting of the call's date and time. 

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

NEWLY FORMED DIVERSITY COMMITTEE

At the most recent Elder Law Council Meeting, a Diversity Committee was formed.  Jeanine L. Johnson is serving as chair of this committee.  The committee is seeking additional members.  Being that the committee is newly formed, meeting dates and times are to be determined.  Please contact Jeanine L. Johnson at jjohnson@meyernjus.com.

ELDER LAW CASES

Please submit Elder Law cases of interest to Rachel@SchromenLaw.com

STATUTES, REGULATIONS, BULLETINS

The official 2016 Minnesota Statutes, including the amendments enacted by the 2016 session of the Legislature, are now available online at the Revisor of Statutes web site. Here is the address:

www.revisor.mn.gov/statutes

Congratulations once again should go to the Revisor's staff for making these changes available on-line as quickly as possible. The bound printed statutes are expected to be available in December.

Submitted by Julian J. Zweber, julianzweber@qwestoffice.net

Please submit statutes, regulations, or bulletins of interest to Rachel@SchromenLaw.com

ELDER LAW SECTION ACTIVITIES

ADVOCACY COMMITTEE:

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

COMMUNICATIONS COMMITTEE:

The Communications Committee oversees the weekly Elder Law E-Newsletter and the Elder Law Section website.  The committee is re-forming, and is composed of the newsletter editor, web editor, associate editors and contributors, and any other interested section members.  Meetings are to be held every other month to review issues related to the newsletter and the website, and to conduct an annual member survey.  Upcoming meetings for the Communications Committee are as follows:

November 9, 2016 at 8:30 a.m.

January 11, 2017 at 8:30 a.m.

The meeting location is at the law office of Margaret Kyle at 2332 Lexington Ave. N., Roseville, MN 55113.

Anyone interested in serving on the committee or suggesting ideas for the newsletter or website may contact Communications Committee chair Margaret Kyle at margaret@kylelawmn.com

GOVERNING COUNCIL: 

Meetings for the Elder Law Section Governing Council are set every other month, on the third Friday of that month, at 3:30 p.m.  The remaining meetings for the Elder Law Section Governing Council for the year ending in June 2017 are as follows:

December 16, 2016 at 3:30 p.m.

February 17, 2017 at 3:30 p.m.

April 21, 2017 at 3:30 p.m.

June 16, 2017 at 3:30 p.m.

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 John Kantke at john.kantke@voamn.org or 612-676-6300.

MA COMMITTEE MEETING: 

The 2015-2016 MA Committee meeting will be at 3:30 p.m. on the third Tuesday of every other month:

December 20, 2016 at 3:30 p.m.

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.cHYPERLINK "mailto:tsherman@plutolegal.com"om or 50HYPERLINK "tel:612-336-2948"7-247-5900 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to tsHYPERLINK "mailto:tsherman@plutolegal.com"herman@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 10, 2016 at 12:00 p.m.  This month, Dan Steinhagen will be presenting on the ins and outs of opening and running a law firm.  He will also discuss his own probate practice.

January 12, 2017 at 12:00 p.m.

March 9, 2017 at 12:00 p.m.

May 11, 2017 at 12:00 p.m.

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

PRO BONO COMMITTEE:

Meetings will be held every two months, on the third Friday of that month, from 12-1pm. Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401.

Upcoming meeting dates:

December 16, 2016 at 12:00 p.m.

February 17, 2017 at 12:00 p.m.

April 21, 2017 at 12:00 p.m.

June 16, 2017 at 12:00 p.m.

Questions may be directed to Jill Sauber at jsauber@maserlaw.com.

VULNERABLE ADULT COMMITTEE:

Meetings are held from 12:00 – 1:30 at Ken LaBore's office located at 5001 Chowen Avenue South, Minneapolis, MN 55410.  Ken always provides pizza and drinks. 

Upcoming meeting dates:

January 11, 2017 at 12:00 p.m.

April 5, 2017 at 12:00 p.m.

Contact Ken for more information at Klabore@MNnursinghomeneglect.com or 612-743-9048.

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The MSBA Elder Law Section’s Website contains information about section committees and leadership.  It also contains useful practice resources.

You may email Laura Orr at laura.orr@smrls.org to suggest changes to website content.

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Please send E-Newsletter contributions by 10 p.m. on the last day of each month to Rachel Schromen at Rachel@SchromenLaw.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.