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MSBA ELDER LAW SECTION E-NEWSLETTER | June 5, 2017

MSBA ELDER LAW SECTION E-NEWSLETTER
June 5, 2017

Vol. 9, No. 30
E-Newsletter Editorial Staff:
Communications Committee Chair:  Margaret Kyle
Editor in Chief:  Rachel Schromen
Web Editor: Bridget-Michaele Reischl
Contributors: Rachel Schromen, Julian Zweber, Laura Orr, Emily Flesch, Jennifer Wright

NEWSLETTER HIGHLIGHTS

Slate of Candidates for Officers and Governing Council of the Elder Law Section

The following slate of candidates for Officers and Governing Council of the Elder Law Section was approved by the Governing Council at the April 21, 2017 Governing Council meeting.  The section will vote on the nominees at the annual meeting on June 23, 2017. 

Slate of Candidates for Officers and Governing Council of the Elder Law Section
Annual Meeting
June 23, 2017

Officers

Chair:              Laura Orr
Vice Chair:      Mary Ebb
Secretary:        Brenna Galvin
Treasurer:        Jill Sauber

Governing Council Members

Stuart Bear
Lauren Fink
Genevieve Gaboriault
Brenna Galvin
Jean Gustafson
Richard Hawke
Jeanine Hill
John Kantke
Margaret Kyle
Kenneth LaBore
David Rephan
Jill SauberJeff Schmidt
Lori Skibbie
Laura Zdychnec 

Law Student Members

Traci Sherman – Mitchell Hamline
Francine Kuplic – University of St. Thomas

Submitted by: Jennifer Wright, JLWRIGHT1@stthomas.edu and Julian Zweber, julianzweber@qwestoffice.net

World Elder Abuse Awareness Day Conference

To recognize the 12th anniversary of World Elder Abuse Day, the Minnesota World Elder Abuse Awareness Day Conference will be held on Wednesday, June 14, 2017 at the Earle Brown Heritage Center in Brooklyn Center.  The conference is tilted, “Accelerating Towards Justice.”

Registration is currently limited to 600 attendees, with a cost of $65.  Registration can be completed at HERE.

Submitted by: Emily Flesch, Emily.Flesch@MitchellHamline.edu

2017 Probate and Trust Law Section Conference

The 2017 Probate and Trust Law Conference will be held Monday, June 12, 2017, 7:15 a.m. – 5:00 p.m. and Tuesday, June 13, 2017, 7:30 a.m. – 1:15 p.m.  The conference will be located at the St. Paul River Centre, 175 West Kellogg Blvd, St. Paul, MN 55102.  There will be the opportunity for 11 CLE credits, including 3 ethics credit and 3 elimination of bias credits.  The schedule for this conference is available here.

Any other participants may register online.

Submitted by: Rachel Schromen, Rachel@SchromenLaw.com

2017 Elder Law Institute

The 2017 Elder Law Institute date has been changed and is now scheduled for October 12 and 13, 2017.  Previously announced dates (October 5 and 6, 2017) conflicted with another event commonly attended by members of the MSBA Elder Law Section (the 2017 Minnesota Association for Guardianship and Conservatorship [MAGiC] Annual Conference).  The institute's planning committee has been formed and continues to accept suggestions for speakers and presentations.  If you would like to suggest presentation topics to the committee or offer your own availability as a presenter, please contact Laura Orr at laura.orr@smrls.org.

EVENTS SCHEDULED IN THE NEXT MONTH –

SECTION ANNUAL MEETING: The MSBA Elder Law Section’s annual meeting will take place at 3:30 P.M. on Friday, June 23, 2017. All interested section members are welcome to attend or participate by telephone. The call-in number is 1-877-226-9607, and the conference ID is 8157976029#. The meeting is hosted by Estate & Elder Law Services at Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418 and meets at the Monroe Village Conference Room. Parking spaces and the entry door are located behind the building, which faces Central Avenue.

The GOVERNING COUNCIL meeting will occur immediately after the section annual meeting adjourns. For further information, please contact John Kantke at john.kantke@voamn.org or 612-676-6300.

EDUCATION COMMITTEE: Wednesday, June 21, 2017 from 9:30 AM to 10:30 AM via conference call.  Attendees should call 1-877-226-9607 and use Conference ID 8157976029#. Questions may be directed to Genevieve Gaboriault at gegaboriault@mylegalaid.org.

MA COMMITTEE MEETING: June 27, 2017 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.  The meeting is hosted by Estate & Elder Law Services at Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418 and meets at the Monroe Village 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.

PRO BONO COMMITTEE: June 16, 2017 at 12:00 p.m.  Meeting will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401.  Questions may be directed to Jill Sauber at jsauber@chestnutcambronne.com.

ELDER LAW NEWS

Minnesota surveillance camera ruling a victory for nursing home residents.

Congress May Open The Door To Some Medicare Long-Term Care

Submitted by Rachel Schromen, Rachel@SchromenLaw.com

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

QUESTIONS AND ANSWERS FROM THE MSBA COMMUNITIES

Q1:  Husband and Wife have a son, who is their only child. No other (prior) marriages, etc.Husband and Wife executed Statutory Powers of Attorney in 2014 nominating Son as Attorney in Fact.

Wife was diagnosed with Alzheimer's 2016 and is declining rapidly. Husband is still healthy and competent.

Assets include home (real property), banking and financial assets with beneficiaries listed. Home is the only probate asset.

Husband and Son want to Quit Claim Deed Wife's interest in home to Husband (Husband as Grantor, Son as Attorney in Fact for Wife’s Grantor).

Husband then wants to execute a Transfer on Death Deed (TODD) upon Husband's death to Son. We need to use Form 10.8.4, Married Grantor and not Form 10.8.2 Sole Married Grantor, as Wife can't sign 10.8.2 p.2, only reason to sign TODD is to grant away spousal interests, if any.

Confirming this is the way to go, a two-step process and TODD Form 10.8.4 because Son cannot use Power of Attorney to self-enrich or transfer Wife's assets to himself, even though he's the sole heir.

A1:      The transfer from Husband and Wife to Husband should be no problem.  The TODD to son might be a bit too far if Husband dies first.  If the Power of Attorney allows self-dealing or allows the Son to disclaim Wife's survivorship interests in Husband's property, you could argue that Son has authority to sign the TODD on behalf of Wife.  On the other hand, a title examiner might question the TODD and not accept the TODD transfer.  You might want to consider a Warranty Deed signed by Husband and Wife to the Son reserving a life estate for Husband as an alternative.  A title examiner will not question Wife's capacity if the deed is properly notarized.

Q2:      My memory is that life estates established before a certain date are left alone when it comes to an MA application, that is, the State does not claim that the life estate is an available asset. 

Is this an accurate assumption?  When is the magic date?

A2:      A life estate is not an available asset if the remainder persons refuse to buy it or agree to sell the remainder.  Minn. Stat. 256B.056, subd 4a. Creation of a remainder interest by gift, however, is subject to a five-year look-back period and penalty.

A life estate created prior to August 1, 2003, terminates when the life tenant dies even if the life tenant received MA.  A life estate created on or after August 1, 2003, and owned by the life tenant when the life tenant dies, does not terminate if the life tenant received MA benefits.  Minn. Stat. 256B.15, subd. 1h(b).  All other life estates terminate under the common law when the life tenant dies. 

Submitted by: Rachel Schromen, Rachel@SchromenLaw.com and Julian Zweber, julianzweber@qwestoffice.net

NEWLY FORMED DIVERSITY COMMITTEE

On August 16, 2016, the Elder Law Council Meeting established our section’s Diversity Committee.  Jeanine Hill is serving as chair of this committee.  If you would like to join the committee, please contact Jeanine Hill at jhill@meyernjus.com.

ELDER LAW CASES

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

STATUTES, REGULATIONS, BULLETINS

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 com  for more information.

COMMUNICATIONS COMMITTEE:

The Communications Committee oversees the monthly 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:

July 12, 2017 at 8:30 a.m.

September 13, 2017 at 8:30 a.m.

November 8, 2017 at 8:30 a.m.

The meeting location is at Kyle Law 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

EDUCATION COMMITTEE

The education committee will meet Wednesday, June 21, 2017 from 9:30 AM to 10:30 AM via conference call.  Attendees should call 1-877-226-9607 and use Conference ID 8157976029#. Questions may be directed to Genevieve Gaboriault at gegaboriault@mylegalaid.org.

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:

June 23, 2017 at 3:30 p.m.

August 18, 2017 at 3:30 p.m.

October 20, 2017 at 3:30 p.m.

December 15, 2017 at 3:30 p.m.

The meeting is hosted by Estate & Elder Law Services at Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418 and meets at the Monroe Village Conference Room.  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 2016-2017 MA Committee meeting will be at 3:30 p.m. on the third Tuesday of every other month:

June 27, 2017 at 3:30 p.m.

August 15, 2017 at 3:30 p.m.

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

December 19, 2017 at 3:30 p.m.

The Medical Assistance Committee is a study group to analyze the member’s questions and case studies and to discuss administrative policies and procedures in relation to Medical Assistance in Minnesota.  For directions, or to attend by phone, please contact Traci Sherman with Pluto Legal, PLLC, at tsherman@plutolegal. or tel:612-336-2948"7-247-5900 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to therman@plutolegal.com under the subject heading “MA Committee Topic,” or faxed to 507-247-5868.

The meeting is hosted by Estate & Elder Law Services at Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418 and meets at the Monroe Village 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:

July 13, 2017 at 12:00 p.m.

September 14, 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@chestnutcambronne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or (612) 630-3254.

PRO BONO COMMITTEE:

Meetings will be held every other month, 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:

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

August 18, 2017 at 12:00 p.m.

October 20, 2017 at 12:00 p.m.

December 15, 2017 at 12:00 p.m.

Questions may be directed to Jill Sauber at JSauber@chestnutcambronne.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 are TBD.

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 Bridget-Michaele Reischl at bridget@decorolaw.com 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@statebar.gen.mn.us

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