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MINUTES OF ANNUAL MEETING
ELDER LAW SECTION
MINNESOTA STATE BAR ASSOCIATION
JUNE 9, 2009

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 9, 2009, at RiverCentre in St. Paul, Minnesota.  Chair Jeffrey W. Schmidt convened the meeting at 12:59 p.m.

The following business was conducted at the meeting:

  1. Agenda.  The agenda was approved as distributed. 
  2. 2008 Annual Meeting Minutes.  The membership waived reading of the minutes from the 2008 Annual Meeting.  The membership approved the minutes from the 2008 Annual Meeting. 
  3. Treasurer’s Report.  The treasurer’s report was tabled until the next Governing Council meeting. 
  4. Nominating Committee Report.  Nominating Committee Chair Dan Steinhagen presented the slate of officer and governing council nominees for 2009-10.
  5. Election of Governing Council Officers and Members.  The membership voted to approve and duly elect the presented slate of officers, council members, and student members, as follows:

    Officers (one-year term):     
    Vicki McIntyre – Chair
    Jennifer Wright – Vice Chair
    Kristine E. Mullmann – Secretary
    Janet Totter – Treasurer

    2009-2011 Governing Council Members (two-year term ending June 2011)
    Vicki Ahl
    Ken LaBore
    Mark Anderson                       
    Vicki McIntyre
    Stuart Bear                              
    Sally Mortenson
    Kathy Eveslage            
    Kristine Mullman
    Margaret Grathwol              
    Bob Russell
    Richard Hawke                       
    Suzy Scheller
    Peter Hendricks                       
    Janet Totter
    Paulette Joyer

    Student Members (one-year term):
               
    Laura Orr, University of St. Thomas
    Jennifer Olin, University of St. Thomas
    Kristina Ebbott, William Mitchell College of Law
    Beth Northrup-Day, William Mitchell College of Law

    A number of Governing Council members, elected at the June 2008 Annual Meeting,
    will continue their terms on the Governing Council through June 2010.  Those
    members are:
    Joel Button, Lori Guzman, Laurie Hanson, Bonita Kallestad, John Kantke, Cathryn
    Reher, Sarah  Rowley, Suzanne Sandahl, Jeff Schmidt, Lori Skibbie, Joel Smith, Dan
    Steinhagen, Jennifer Wright, Julian Zweber

  6. New Business.  The next meeting of the Elder Law Governing Council will be held directly following the June 9, 2009, Annual Meeting at St. Paul River Center, St. Paul, Minnesota. 
  7. Adjourn.  There being no further business, the meeting was duly adjourned at 1:16 p.m. 

    Respectfully submitted,

    Kristine E. Mullmann
    Secretary, Elder Law Governing Council


MINUTES OF ANNUAL MEETING
ELDER LAW SECTION
MINNESOTA STATE BAR ASSOCIATION

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 10, 2008, in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in St. Paul, Minnesota.  Chair Laurie Hansen convened the meeting at 2:05 p.m.

The following business was conducted at that meeting:

  1. Agenda.  The agenda was approved as distributed. 
  2. 2007 Annual Meeting Minutes.  The membership waived reading of the minutes from the 2007 Annual Meeting.  The membership approved the minutes from the 2007 Annual Meeting. 
  3. Treasurer’s Report.  The treasurer’s report was tabled until the next Governing Council meeting. 
  4. Nominating Committee Report.  Julian Zweber on behalf of the Nominating Committee Chair presented the slate of officer and governing council member nominees to replace the current officer positions and fill certain of the council members’ positions whose terms are expiring and/or who have resigned.
  5. Election of Governing Council Officers and Members.  There was a nomination from the floor of  Kristine Mullman, to fill out the term of  Tom Wilson, who recently passed away.  With this addition to the slate, the membership voted to approve and duly elect the presented slate of officers and council members to serve until their successors be elected and take office as follows:

Officers:        
Jeffrey W. Schmidt – Chair
Vicki McIntyre – Vice Chair
Jennifer L. Wright – Secretary
Vicki M. Ahl – Treasurer

2008-2009 Board Members:

Candidates Elected to Serve
   Remaining Year of a Two-Year Term:

Name

Term Ends

Sally Mortenson

June 2009

Jacob J. Baker

June 2009

Ken LaBore

June 2009

Janet Totter

June 2009

Kristine Mullman

June 2009

  Candidates Elected to Serve
  Two Year Term:


Name

Term Ends

Dan Steinhagen

June 2010

Lori Skibbie

June 2010

Joel Smith

June 2010

Joel Button

June 2010

Lori L. Guzman

June 2010

Laurie Hanson

June 2010

Bonita Kallestad

June 2010

Sarah J. Rowley

June 2010

Cathryn D. Reher

June 2010

John Kantke

June 2010

Suzanne M. C. Sandahl

June 2010

Jeffrey W. Schmidt

June 2010

Jennifer L. Wright

June 2010

Julian J. Zweber

June 2010

 Student Member(s):


Name

Term Ends

Nazanin Barouti - William Mitchell

June 2009

Allison Crandall - William Mitchell

June 2009

  Continuing Members:
Name                                      Term Ends                 
Vicki M. Ahl                            June 2009
Mark L. Anderson                    June 2009
Stuart C. Bear                          June 2009
Linda Bogut                              June 2009
Kathleen M. Eveslage               June 2009
Richard Hawke                        June 2009
Margaret “Pook” Grathwohl     June 2009
Monica Lewis                           June 2009
Vicki McIntyre             June 2009

  1. New Business.  The next meeting of the Elder Law Governing Council will be held at 3:30 p.m., on August 8, 2008, at MAO Office located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. 
  2. Adjourn.  There being no further business, the meeting was duly adjourned at 2:30 p.m. 

Respectfully submitted,

Jennifer L. Wright
Secretary, Elder Law Governing Council


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

Date: June 10, 2008

Council Members Present:  Laurie Hanson, Jeffrey W. Schmidt, Vicki Ahl, Jennifer Wright,  Mark Anderson, Jacob Baker, Stuart Bear, Joel Button, Margaret Grathwol, Richard Hawke, John Kantke, Monica Lewis, Vicki McIntyre, Cathryn Reher, Robert Russell, Suzanne Sandahl,  and Julian J. Zweber.   

Excused Absences:  Bonita Kallestad, Kathy Eveslage

Unexcused Absences:   (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.)  Jill Adkins, Linda Bogut, Cynthia Capin, Kim Dayton, Doug Debner, Jonathan Dyrud, Lori Guzman, Sharon Kirtz, Lynn Lindsay, and David Stahlman. 

Guests:  Alice Berquist, Linda Byorke, Allison Crandall (new Governing Council nominee), Peter Hendricks, Melissa Houghtaling, Melissa Hunt (section law clerk), Sally Mortenson (new Governing Council nominee), Kristine Mullman (new Governing Council nominee), Rolf Nelson, Sarah Rowley (new Governing Council nominee), Robin Schirmer, Stuart Schmitz, Joel Smith (new Governing Council nominee), Kristi Synsteby, Janet Totter (new Governing Council nominee)

MSBA Staff:  Meaghan E. Harper (not present)

  1. Call to  Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on June 10, 2008, at the River Centre, St. Paul, Minnesota.  The meeting was called to order at 1:10 p.m. by Chair, Laurie Hanson.
  1. Approval of Agenda:  The agenda was approved as submitted. 
  1. Approval of April 11, 2008 Council Meeting Minutes  Upon motion duly made and seconded, the minutes from the April 11, 2008 meeting of the Governing Council were approved.
  1. Treasurer’s Report: Tabled for the next meeting.
  1. Old Business:
    1. Estate of Barg. – Julian Zweber  2 minutes

The Minnesota Supreme Court ruled very favorably on the law, except that the Bargs were found to be on the hook for the part of the claim that was allegedly not disallowed.  The court used significant chunks of the reasoning and language of the section’s amicus brief.  The county intends to seek review in the U.S. Supreme Court on a writ of certiorari; DHS will be backing the appeal.  The estate is challenging the factual finding that part of the claim against the estate was not disallowed, and therefore was paid voluntarily. 

It is unclear what counties will be doing with Barg claims while the appeal is pending. 

It is not clear whether estates against which Barg claims were made in the past can reopen and try to claim reimbursement.  There is discussion of a class action, but probably such action will need to await a final decision. 

We will have a newsletter article for the membership about the importance of disallowing the entire Barg claim in future probate cases. 

*Motion to acknowledge and commend the volunteer efforts of Joel, Julian and the reviewers who contributed to the section amicus brief was passed.*

    1. Update on work of the Clerk for the section – Kim Dayton and Cathryn Reher 20 minutes

 

      1. 1983 Actions

The clerk is researching a 1983 action against the Department for violations of federal and state records laws – especially re: who would have standing to bring such an action.

      1. Elderly Waiver program

The clerk has requested that the Department provide a list of all entities with HWS contracts at the county level.  The Department can’t supply such a list – apparently it doesn’t exist.  This request grew out of a concern about the disconnect between the room and board allowance for EW and actual costs.  Many assisted living entities are no longer taking EW.  Cathryn and Melissa have been trying to put together a list of all ALs that still have EW contracts and the length of those contracts.  No luck so far. 

The clerk is also trying to get the current version of the Medicaid EW waiver from the Department.  No luck so far. 

      1. Data practices act issues

Melissa has been working on getting the redline version of the Health Care Programs Manual.  Estimated cost by Department of Health is $3,000.  Melissa has written a memo regarding the requirements of FOIA and state public records statutes to maintain accessible records.  Kim and Melissa will be meeting with the Department to negotiate terms for acquiring the redline version of the manual.  *Motion to approve up to $3,200 to obtain a redline version of the HCPM, reserving the right to challenge payment and seek reimbursement if the Department’s charge should be shown to be illegal, was passed. * 

*Motion to approve continuing employment of law clerk until next Governing Council meeting was passed.* 

 

    1. Legislative issues – Julian and Lori – 10 minutes

We supported the Real Property Section’s bill to allow Transfer on Death deeds.  Despite a near loss, the TOD bill passed.  The section supported the Anatomical Gifts Act, which did not pass.  We will see if the bill will be back next year.  The biggest issue currently is what to do about Barg.  This is the first good opening for us to be proactively involved in revision of the MA statutes in a long while.  We can join with Probate and Trust section, Family Law section,  OutFront Minnesota and other groups who want to challenge provisions of the MA estate recovery statutes.  The committee will be reviewing the estate recovery statutes carefully to propose revisions. 

  1. New Business: 
      1. Selection of a Section Representative to the State Bar

Anyone who is interested in serving as representative or as alternate should talk to Jeff.  Jeff will appoint the new section representative and alternate in his role as Chair. 

      1. Acknowledgement of Tom Wilson’s death and service to the Elder Law Section.

 

      1. Award Committee - Julian Zweber

The committee gives out awards, including the Mary Alice Gooderl Award for outstanding contributions to the field of elder law.  The committee can also give additional awards, including Lifetime Achievement Awards, Student Member Awards, etc.   The committee meets in the fall, and the awards are presented at the Elder Law Institute. 

      1. By Laws Committee - Richard Hawke

The committee chair must attend the Governing Council meeting with a copy of the by-laws.  When revision of by-laws is needed, the committee meets and proposes revisions to the Governing Council. 

      1. Elder Law Institute Planning Committee – Jeff Schmidt

The committee meets in the spring and early summer to plan the Elder Law Institute. 

      1. Greater Minnesota Support Committee - Tom Wilson

The committee needs a new chair.  The committee has not been active this year. 

      1.  Law Clerk Committee – John Kantke

The committee is responsible for interviewing and hiring section law clerks when needed. 

      1. Legislative Committee - Lori Guzman and Julian Zweber 

The committee will be setting up a joint task force with other interested groups to develop and propose ideas for MA estate recovery and others issue, including irrevocable trust law.   

      1. Medical Assistance Committee - Cathryn Reher; 

The committee provides an open forum for people to raise and discuss issues and concerns related to MA and to bring policy issues to the Governing Council.  The committee meets the third Tuesday of every other month at MAO. 

      1. Member Education Committee - Laura Zdychnec; 

The chair was absent.  Jeff reported that the committee is intended to identify opportunities for education for section members and to increase those opportunities.  The committee is developing a list of CLE opportunities to provide to section members.  The committee is also working to change CLE rules to allow podcasts for CLE credit. 

      1. Newsletter Committee – Jonathan Dyrud. 

The chair has resigned both from the Governing Council and from the committee.  We need a new chair and new members.  The committee also seeks new ideas, suggestions and content for the newsletter.  *Motion to commend Jonathan and Vicki for the excellent work they have done on the newsletter this year was passed.* 

      1. Nominating Committee -   Lori Guzman 

Tabled for the Annual Meeting; 

      1. Pro Bono Committee -   Jennifer Wright

See written report submitted by chair.  New members are needed. 

      1. Strategic Planning Committee – Monica Lewis 

The committee prepares the section budget and makes proposals for other strategic planning.  The two year budget for the current and next year is ready to be discussed at length at the next Governing Council meeting.  The committee did an in-depth analysis of the member survey and recommended the creation of the three new committees (Member Education, Greater Minnesota, and Pro Bono).  The committee wants to attract new members to the section and will be sending the newsletter to members of other related sections.  We are seeking the MSBA’s recognition of the value of our newsletter as a model for communication within the bar. 

      1. Web Site Committee – Kim Dayton 

Kim is willing to remain as the head of the web site, even though she is going off the Governing Council.  Anyone interested in working on the website should talk to Jeff. 

Adjourn

The next meeting of the Governing Council will be held on Friday, August 8, 2008 at the MAO at 3:30 p.m. 

 


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes
Not Yet Approved by Governing Council

Date: April 11, 2008

Council Members Present: Laurie Hanson, Jeffrey W. Schmidt, Jennifer Wright, Mark Anderson, Stuart Bear, Linda Bogut, Joel Button, Kimberley Dayton, Jonathan A. Dyrud, Margaret (Pook) Grathwol, Lori Guzman, Bonita Kallestad, John Kantke, Vicki McIntyre, Cathryn Reher, Robert Russell, Suzanne Sandahl, and Julian J. Zweber.

Guests present: Laura Zdychnec, Catherine Wadden Puzak

Present by phone: Bonita Kallestad., Meaghan Harper, Robert Russell

Excused Absences: Vicki Ahl, Monica Lewis, Kathy Eveslage, Jacob Baker, Douglas J. Debner, Richard Hawke, Sharon Kirts, Tom Wilson

Unexcused Absences: (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.) David Stahlman, Jill Adkins, Cynthia Capin, Lynn Lindsay

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on April 11, 2008, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:45 p.m. by Chair, Laurie Hanson.

2. Approval of Agenda: The agenda was approved with the following changes: addition of item 6.2 regarding the Elder Law Institute, and item 6.7 regarding the work of the Member Education Committee.

3. Approval of February 8, 2008 Council Meeting Minutes Upon motion duly made and seconded, the minutes from the February 8, 2008 meeting of the Governing Council were approved.

4. Treasurer’s Report: Tabled until next meeting.

5. Old Business:

5.1. Estate of Barg. – Julian Zweber

The case has not been decided yet.

5.2. National Health Care Decisions Day (April 16, 2007) – Jennifer

We have eleven sponsored events for which we have received full information. There are other events going on that have not provided information to us. We have one or more events in Anoka, Eagan, Duluth, Maple Grove, Minneapolis, Monticello, Northfield, Shoreview, and St. Paul. Information on all these events will go out in the ENewsletter on Tuesday. Now we need to encourage everyone to attend an event and to complete their advance directives. Sponsors who have requested participation in our pro bono referral program after the day will receive the intake form. Only those who attended one of our sponsored events and who send in this intake form will be eligible for pro bono referrals.

5.3. Update on work of the Clerk for the section – Kim

Kim and Melissa, the clerk, have been rebuffed in all attempts to get information from DHS. The Board on Aging recently denied a request for information about Elderly Waiver contracts. Kim and Melissa will be going back to DHS to request that it information that they indeed do have.

December Data Practices Act request for redlined copy of the Health Care Programs Manuals (pre- and post-December 1, 2006 versions)l – Kim got the internal correspondence about the manual changes that she requested, has not yet had a chance to analyze it. DHS has not yet provided the specific information requested in December.

Pook has a hearing next Tuesday on EW waiver. Waiver states that the state will proactively initiate assistance in long term care planning to help people remain in the community. The state is not doing anything to initiate referral of folks for long term care screening.

Melissa is reaching the end of the approved funding. *Motion to authorize up to 200 hours further law clerk hours was approved.* Meaghan will provide more detailed information on what law clerk funds have been expended so far to Laurie.

5.4. Update on legislative proposals – Julian and Lori

Julian reported on the current status of bills supported by the section. Only the Transfer on Death Deed is still alive. Julian reported that there is a DHS bill that adds a cause of action against transferees for the state to recover assets transferred before death in order to avoid an estate claim.

6. New Business:

6.1. Nominations Committee – Nominations for 2008-2009 Council – Lori

Jennifer Wright is willing to serve another term as secretary. Vicki McIntyre agreed to serve as vice chair. Jeff Schmidt is nominated for chair, and Vicki Ahl is nominated for treasurer. See Governing Council Slate, submitted by the Nominations Committee. There will likely be a couple positions on the council to be filled from the floor at the annual meeting. *Motion to approve the slate as amended at the governing council meeting was approved.* New candidates will be contacted before the annual meeting to make sure that they are willing to serve. The slate will go out to section membership via E Newsletter at least 10 days before the annual meeting.

6.2. Elder Law Institute – Jeff

Committee to plan Elder Law Institute 2009 first met on Wednesday, April 9. It was a brainstorming session – input and ideas are solicited from all council members – please contact Jeff. ELI will be October 2 & 3, 2009.

6.3. Decision not to raise dues from $15.00 – Laurie

Decision had to be made by March 28. Laurie put it out to the council. Only one person felt that perhaps we should raise dues. No request was made to MSBA to raise dues above the current $15. The main reason that people did not support an increase in dues was we currently have a fair amount of money in reserves.

Item not on agenda: Report on Public Policy committee of MSBA

Laurie as Chair attended the Public Policy committee. The committee approved task force to study laws favoring married couples and recommendation of plan for dealing with disasters which may interfere with the ability of attorneys to represent their clients by permitting assistance from lawyers from out of state.

6.4 Elder Law Mediation – Kim Dayton

Training will be offered in elder law mediation June 13-14 by Center for Elder Justice and Policy at William Mitchell. Others may attend, but only rostered mediators may hold themselves out as elder law mediators. Trainers are affiliated with the Center for Social Gerontology in Michigan and are providing elder mediation training for the state of Maryland. Jennifer has been invited to serve on a task force through the Minneapolis Mediation Program to create more resources for elder law mediation. She will put the task force coordinator in touch with Kim.

6.5 & 6.6 Consensus as to what should be on the agenda for the Annual meeting – Laurie

We generally don’t plan an agenda, but there are people who come, and it seems like a missed opportunity. Committees are supposed to keep the business of the section running as we move to the newly elected council. We need to bring the new leadership up to speed as quickly as possible. The annual meeting is currently scheduled after the end of the second day of the P&T Law Institute. *Motion to hold a regular council meeting with a regular agenda immediately after the annual meeting at the P&T Law Institute was approved.* Committees should meet between now and then and have reports ready before the meeting.

6.7 Report on Member Education Committee – Laura Zdychnec.

Working to get MCLE to allow podcasts for CLE credit – some progress is being made. Getting out information about education opportunities in the ENewsletter.

Adjourn

The next meeting of the Governing Council will be the Annual Meeting, held on June 10, 2008 at the Probate and Trust Conference at RiverCentre at 1:00 pm.


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

Date: February 8, 2008

Council Members Present: Laurie Hanson, Jeffrey W. Schmidt, Vicki Ahl, Jennifer Wright, Mark Anderson, Stuart Bear, Joel Button, Kimberley Dayton, Douglas J. Debner, Jonathan A. Dyrud, Kathleen M. Eveslage, Margaret Grathwol, Bonita Kallestad, John Kantke, Vicki McIntyre, Robert Russell, and Julian J. Zweber.

Present by phone: Doug Debner, Bonita Kallestad, Bob Russell, Mark Anderson.

Guests: Marjorie Austin, Catherine Puzak, Dan Steinhagen, Kristine Mullmann, Kenneth LaBore, Melissa Hunt – section law clerk, Meaghan Harper – MSBA liaison

Excused Absences: Suzanne Sandahl, Richard Hawke, Monica Lewis, Tom Wilson, Jill Adkins, Cathryn Reher, Linda Bogut

Unexcused Absences: (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.) Jacob Baker, Cynthia Capin, Lori Guzman, Sharon Kirts, Lynn Lindsay, David Stahlman

MSBA Staff: Meaghan E. Harper

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on February 8, 2008, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:30 p.m. by Chair, Laurie Hanson.

2. Approval of Agenda: The agenda was approved as submitted.

3. Approval of December 14, 2007 Council Meeting Minutes: Upon motion duly made and seconded, the minutes from the December 14, 2007, meeting of the Governing Council were approved.

4. Treasurer’s Report: Upon motion duly made and seconded, the Treasurer’s Report for the periods ending November 30 and December 31, was discussed and accepted.

5. Old Business:
5.1. Estate of Barg. – Julian Zweber (2 minutes). Supplemental response briefs are due next week. We may have a decision by April or May.

5.2. Health Care Programs Manual and Rule Making Ad Hoc Committee update – Kim Dayton (3 minutes). Memo is completed. Kim received a response to her Data Practices Act request with DHS re: Healthcare Programs Manual last month. DHS had questions about part of request. Kim and Melissa have a meeting with DHS on February 19 to discuss the scope of the request. Once Kim and Melissa have reviewed the response, they will have more information and will call a meeting of the committee. The memo will be circulated to the committee and to anyone who specifically asks Kim for a copy.

5.3. Irrevocable Trust legislative proposal – Bob Russell (2 minutes) Nothing to report at this time.

5.4. National Healthcare Decisions Day (April 16, 2007) (30 minutes). See Report of the Pro Bono Committee for details of plans for NHDD. There will be a training for law students at William Mitchell on March 22 from 10 to 12 by Kim Dayton. Mitchell students are going to have an information day before the NHDD, to give people the information they need so that they can fill out the advance directive on NHDD. The committee will distribute list of duties we need people to volunteer for – we will ask attorneys to: 1. sponsor an event; 2. partner with a sponsor from another professional discipline; 3. accept pro bono referrals after the day; and 4. help out with the event at Mitchell and any other venue. On March 22 at 2 p.m. there will be a national teleconference for HCDD.

5.5. Reports of chairs of each Committee as to meeting schedule and goals for 2008
5.5.1. Award Committee – Julian. The committee recommends persons to the section to receive awards at the Elder Law Institute. They will start work in August, soliciting nominations for awards. They will use the ENewsletter. Awards are the Mary Alice Gooderl, and other special awards that the committee determines from time to time. Julian will put the criteria for the Gooderl Award on the website and a list of past recipients. This information is included in the solicitation of nominations each year.

5.5.2. Bylaws Committee – Stuart Bear for Richard Hawke. The Bylaws Committee met and reviewed the by laws. They did not see any need for change in the current bylaws, but they are available to respond to any request for review or revision. A member of the committee will attend all Governing Council meetings to act as parliamentarian. Laurie forwarded a request for review from Bonita to Richard today. There is a typo on the website that needs to be corrected.

5.5.3. Elder Law Institute Planning Committee – Jeff Schmidt. The Elder Law Institute will be held October 2 and 3, 2008, we assume at the MCLE Center. Planning meetings are set for April 9, May 13, and June 19 from 11:30 to 1:30, lunch provided, at MCLE offices at University and 280. People are welcome to join the committee or propose ideas by contacting Jeff or Lynn O’Connell at MCLE.

5.5.4. Greater Minnesota Support Committee - Tom Wilson. Tom was not able to attend the Governing Council meeting today. The committee discussed via email getting lists of attorneys appointed by courts to represent elders in guardianships and conservatorships, attorneys who regularly appear in guardianships and conservatorships, and members of MAGIC in Greater Minnesota. We don’t really know the committee’s current plans.

5.5.5. Law Clerk Committee – John Kantke. The committee has not met. John met with Jennifer, and she passed on materials from prior years. Doug and Kim will also serve on committee; Jennifer is leaving the committee. The committee will meet as soon as there is a need to hire a law clerk.

5.5.6. Legislative Committee - Lori Guzman and Julian Zweber. The committee was supposed to meet January 25, but the meeting was cancelled. The committee will meet February 25, probably at Suzanne’s office, but not yet confirmed. The legislature goes into session next week. MSBA’s priorities for this session are being kept very focused. Things will be moving very fast. Judicial selection issues will likely take a lot of bar energy. The bar will probably not support any controversial proposals from the sections. No major MA revisions currently expected, but MA provisions will likely be affected by budgetary problems. The Transfer on Death Deed proposal from the Real Property section is still being worked out. The Pet Trust legislation was voted in by MSBA assembly, but it is not clear that they will allocate many resources to it. Vicki hopes to get the conversation going for next year. If anyone has a bill they think the Elder Law section should carry next year, they should come to the next meeting.

5.5.7. Medical Assistance Committee - Cathryn Reher. Cathryn is chair; Jeff is no longer co-chair. No changes in how the committee functions.

5.5.8. Member Education Committee - Marjorie Austin for Laura Zdychnec; The committee met January 25. They reviewed survey results and discussed CLE structures. Goals and objectives were adopted. The committee would like to get CLE changes to allow podcasts that Greater Minnesota folks could download and view on their own schedule. Currently, only webcasts that can be viewed in real time are permitted. See Report of the Member Education Committee.

5.5.9. Newsletter Committee – Jonathan Dyrud. The committee met earlier today. They want to expand resources for contributions and will be soliciting contributions in a more systematic way. The committee is developing regular features and opportunities for attorneys to do useful practice development by contributing articles. Council members should look for folks who could contribute valuable information. We have received lots of good feedback on the ENewsletter from section members – it is seen as a major value provided by section. Laurie suggests assigning each committee a date to provide a report on current activities for the ENewsletter.

5.5.10. Nominating Committee - Laurie Hanson for Lori Guzman; The committee has not met yet. According to the bylaws, the committee must have one member who is not a member of the Governing Council. Dan Steinhagen volunteered and was appointed to serve as the non-Council member. The committee will be sending an email to ask who on the Council is interested in continuing as a member of the Council. Remember that attendance at Governing Council meetings is a factor in whether current members will be renominated. Too many unexcused absences may prevent renomination. All Council members should contact the chair before the meeting if they cannot attend. There is no reason for so many unexcused absences.

5.5.11. ProBono Committee - Jennifer Wright. The committee has not addressed anything beyond NHDD yet. This first big project is providing excellent opportunities to get section members involved in providing pro bono services and to network with other groups serving elders. See Report of the Pro Bono Committee.

5.5.12. Strategic Planning Committee – Laurie Hanson for Monica Lewis. The committee will meet March 6, 2008, at 1 p.m. at MAO to plan budget recommendations for the next year. Committees should inform Monica prior to that time about any funding needs. The committee also wants to know whether there are any other funding needs not going through the committees that should be reflected in the budget. The committee is considering trying to get on a two-year budget cycle to allow better planning.

5.5.13. Web Site Committee – Kim Dayton. Kim is considering redesign of web site structure and layout. Please let Kim know about any suggestions.

6. New Business:
6.1. Medical Assistance Committee – Request for authorization for a law clerk to research systemic consumer fraud issues related to Assisted Living Facilities –Pook Grathwol for Cathryn Reher. Cathryn was taken ill and was not able to attend the Governing Council meeting. Pook was at the MA Committee meeting. There are lots of problems coming up regarding fraud and consumer claims against assisted living and housing with services providers. Section Law Clerk Melissa Hunt has some time to dedicate to another project, and we have money already authorized for law clerk time that could pay for it. The Section decided that Melissa should contact Cathryn to get a detailed idea of the project. Kim is willing to continue to provide supervision. Motion to authorize law clerk to work on additional issues as authorized by Kim was passed. Melissa should talk to Cathryn about looking at possible legislative proposals to amend the assisted living and housing with services statutes. To follow this issue, attend the Medical Assistance Committee Meetings!

Adjourn

 

The next meeting of the Governing Council will be held on Friday, April 11, 2008, at MAO at 3:30 p.m.


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

Date: December 14, 2007

Council Members Present: Laurie Hanson, Jeffrey W. Schmidt, Vicki Ahl, Jennifer Wright, Jill Adkins, Linda Bogut, Kimberley Dayton, Lauren Demmer, Jonathan A. Dyrud, Kathleen M. Eveslage, Margaret Grathwol, Lori Guzman, Richard Hawke, Bonita Kallestad, John Kantke, Monica Lewis, Vicki McIntyre, Cathryn Reher, Robert Russell, Suzanne Sandahl, Tom Wilson, and Julian J. Zweber,
Present by phone: Jill Adkins, Bonita Kallestad,
Guests: Laura Zdychnec, Melissa Hunt, Phil Duran, Kelly Ketterer, Kristine Mullmann
Excused Absences: Stuart Bear
Unexcused Absences: Mark Anderson, Jacob Baker, Joel Button, Cynthia Capin, Douglas J. Debner, Sharon Kirtz, Lynn Lindsay, David Stahlman. (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.)
MSBA Staff: Meaghan E. Harper was not present.

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on December 14, 2007, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:35 p.m. by Chair, Laurie Hanson.

2. Approval of Agenda: The agenda was approved as submitted.

3. Approval of October 26, 2007, Council Meeting Minutes Upon motion duly made and seconded, the minutes from the October 26, 2007, meeting of the Governing Council were approved, with the addition that Scott Nelson was present as a guest.

4. Treasurer’s Report: Upon motion duly made and seconded, the Treasurer’s Report for the period ending October 31, 2007, was discussed and accepted.

5. Old Business:

5.1. Estate of Barg. – Julian Zweber Julian passed around a summary of developments. The Supreme Court has ordered the submission of supplemental briefs. Initial briefs are due 1/4/08 and responsive briefs by 1/15/08. Unclear why the Court has requested the supplemental briefing on the designated questions.

5.2. Health Care Programs Manual and Rule Making – Report of student, Melissa Hunt and Kim Dayton Melissa has completed her memo. Copies will be circulated to the Governing Council and to Mike Fargioni for review. The memo should not be circulated beyond that group at this point. Melissa concludes that the changes in the Manual are indeed rulemaking, subject to APA requirements. The remedy is to file a request for injunction against enforcement of the rules with the Office of Administrative Hearings. If enforcement of the Manual were enjoined, we would be left with only the statutes and any properly promulgated rules. Any person has standing to challenge the procedural validity of any rule.

Kim discovered an order from the Office of Administrative Hearings in response to DHS’s request that the changes be treated as an exception to rulemaking. The request was denied, based on an analysis which tracks Melissa’s research and conclusions. We don’t know if DHS has appealed that decision. Kim has filed a Data Practices Act request with DHS requesting all changes in the Manual, copies of any files, internal correspondence or memoranda connected to the request for exception to rulemaking, and the court file on the request for exemption.

Our group needs to identify rules in the Manual that conflict with federal law which are hurting our clients, and particularl those that changed in the last round of Manual revision in 2006. Follow up and coordination should be assigned to a special ad hoc committee for further work. Motion that an ad hoc committee be created to examine the issues raised by the memo to report back to the Governing Council with recommendations for action was passed. The Chair appointed Kim Dayton chair of the ad hoc committee.

Melissa has used up the hours authorized for this project. Motion that the Council authorize another 200 law clerk hours for this project was passed.

5.3. Irrevocable Trust legislative proposal – Bob Russell. There was a meeting to discuss what should be done. We need to work with the Probate and Trust and Tax Sections. We are not ready to do anything this session but will be working to prepare for the 2009 legislative session. The three sections are planning a meeting to discuss the issues, and Bob will report back to the Council next meeting.

5.4. National Health Care Directive Day (April 16, 2007) Kim Dayton. Kim, speaking on behalf of the Health Care Special Interest Group of NAELA, is seeking to establish a local state coordinating organization, which would entail distributing the communications from the national group and organizing and coordinating the local activities. Students at William Mitchell are organizing an event at William Mitchell to provide assistance to members of the community in completing advance directives. The desire is to expand these activities across the state. There is no money associated with this project. Motion that the Elder Law Section become the Minnesota coordinating organization for the National Health Care Directive Day for 2008 was passed.

6. New Business:

6.1 Legislative Committee – Julian Zweber and Lori Guzman

6.1.1 Valuation of Decedent’s estate for Minnesota tax purposes

6.1.2 Opposition to Minnesota gift tax repeal

6.1.3 Report of Legislative Committee. The committee met and discussed mostly the Probate and Trust Law proposals, which mostly have been approved by the MSBA assembly already. Julian submitted a written report which is incorporated in these minutes (see attachment). The two proposals above are still pending in the MSBA process. Motion that the Council approve the recommendations of the Legislative Committee as expressed in the Committee report (attached) was passed unanimously.

6.2 Request for support of resolution to establish task force to review disparity between legal rights and protections available to same-sex couples as compared to different-sex couples – Phil Duran, MSBA Diversity CommitteeProject 515 is a local organization that has compiled a report of 515 Minnesota statutes that provide benefits to married couples that are unavailable to unmarried, especially same sex, couples. The task force would start with the Project 515 report and look for significant issues to address, starting from the premise that a global solution is probably not politically feasible in the immediate future. The task force will identify top priorities and propose specific legislative fixes for the 2010 legislative session. Family law section recently endorsed the resolution. Motion that the Elder Law Section support the establishment of the task force was passed.

6.3 Committee assignments and short committee meetings to set up times for the committees to meet (and possible agendas?) – Laurie HansonLaurie distributed the list of people who have expressed willingness to serve on committees and/or as chair. (Some committee members and chairs are not council members.) Each committee has a chair, and each committee should have a report for the next meeting. Chairs should contact all current volunteers to that committee to confirm membership and try to recruit any additional members needed. Julian Zweber will chair Awards Committee. Richard Hawke will chair Bylaws Committee. Jeff Schmidt will chair Elder Law Institute Planning Committee. Tom Wilson will chair Greater Minnesota Support Committee John Kantke will chair the Law Clerk Committee. Lori Guzman and Julian Zweber will co-chair the Legislative Committee. Cathryn Reher and Jeff Schmidt will co-chair the Medical Assistance Committee. Laura Zdychnec will chair the Member Education Committee. Jonathan Dyrud will chair the Newsletter Committee. Lori Guzman will chair the Nominating Committee. Jennifer Wright will chair the Pro Bono Committee. Monica Lewis will chair the Strategic Planning Committee. Kim Dayton will chair the Web Site Committee.

6.3.1 Motion that Irrevocable Trust Committee be made a subcommittee of the Legislative Committee was passed. Bob Russell will chair the Irrevocable Trust Subcommittee. Motion that the Medical Assistance Committee be housed under the Membership Education Committee was withdrawn after discussion.

7. Committee Reports

7.1. No Committee Reports (other than the Legislative Committee report)

Adjourn

The next meeting of the Governing Council will be held on Friday, February 8, 2008, at MAO at 3:30.


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

Date: October 26, 2007

Council Members Present:  Laurie Hanson, Jeffrey W. Schmidt, Jennifer Wright, Stuart Bear, Linda Bogut, Kimberley Dayton, Douglas J. Debner, Jonathan A. Dyrud, Kathleen M. Eveslage, Margaret Grathwol, Richard Hawke, Bonita Kallestad, Monica Lewis, Vicki McIntyre, Cathryn Reher, Robert Russell, Suzanne Sandahl, and Julian J. Zweber. 
Section Members and Guests Present: Janelle Januschka, Kim Shaffer, Kristine Mullman, Laura Zdychnec, Alice Berquist, Bob Chesley, Lauren Demmer
Present by phone:  Kim Dayton
Excused Absences:  Jill Adkins, John Kanke, Lori Guzman, Joel Button, Vicki Ahl
Unexcused Absences: Mark Anderson, Jacob Baker, Cynthia Capin, Sharon Kirtz, Lynn Lindsay, David Stahlman, and Tom Wilson.  (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.)
MSBA Staff:
  Meaghan E. Harper

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on October 26, 2007, at the Minnesota CLE Conference Center, 7th Street and Nicollet Mall, Minneapolis, Minnesota.  The meeting was called to order at 7:30 a.m. by Chair, Laurie Hanson.

2. Approval of Agenda:  The agenda was approved as submitted. 

3. Approval of August 10, 2007 Council Meeting Minutes  Upon motion duly made and seconded, the minutes from the August 10, 2007, meeting of the Governing Council were approved with the change that Bonita Kallestad’s absence was excused.

4. Treasurer’s Report: Upon motion duly made and seconded, the Treasurer’s Report for the period ending July 31, 2007, was discussed and accepted.

5. Old Business:

 5.1.  Estate of Barg amicus brief: Julian Zweber and Joel Button
Hearing November 6, 2007 at 9 a.m. in the Supreme Court.  “We are feeling good.”

6. Legislative Committee

The Legislative Committee will be meeting Monday, November 12, at noon at Suzanne Sandahl’s office (7400 Lyndale Ave. S., Ste. 120) to discuss the issues of the upcoming session.  Possible issue: DHS response to Borg decision. 

6.1 Darlene Luther Anatomical Gifts Act legislation: Julian Zweber

Technical amendments coming out of last year’s session of the legislature.  New act is much more friendly to anatomical gifts.  More presumptions in favor of consent.  Hadn’t been reviewed by any Bar Association sections.  Was passed with delayed effective date of April 1, 2008.  Joint committee of Health, Probate and Trust, and Elder Law sections, together with representatives of industry, has reviewed the Act.  Reconciling Health Care Directive, Mortuary Directive and Anatomical Gifts statutes regarding who can act.  Provision for registration of denials of consent when it becomes technically feasible.  Bill will be carried by Probate and Trust section.  Motion that the Elder Law section support the technical amendments was passed. 

6.2 Pet Trust legislation: Vicki McIntyre

Coming from Animal Law section.  Same proposed legislation was supported by the Elder Law section last year.  Motion that the Elder Law section support the Trusts for Care of Animal legislation was passed. 

6.3  Beneficiary Deed legislation:  Bob Russell
Beneficiary deed (aka transfer on death) legislation being proposed by Real Property section. Only for real property.  Must be recorded in only one county to be effective.  Motion that the Elder Law section support the legislation was passed.  Draft of the legislation will be brought before the legislative committee at its next meeting for review.

6.4.  Health Care Programs Manual: Melissa Hunt
Has finished first draft of memo and submitted to Kim Dayton for review.  Tentative conclusions:  at least some parts of the Programs Operations Manual are interpretive rules, subject to administrative rule-making requirements.  Final memo should be to the Governing Council by the end of November. 

6.5.  Irrevocable trust legislative proposals: Bob Russell
Bob Russell is chair of the task force looking into 501B.895 – makes irrevocable trusts revocable for purposes of MA eligibility.  Concerns re tax effects and other implications.  Group has not been able to meet yet – trying to get date set.  Some discussion that Probate and Trust section will not be bringing anything forward this year on this topic.  There is need for a discussion as to whether the Elder Law section wants to move forward.  Those with interest in the topic should talk to Bob about meeting time and place.  May be coordinated with the legislative committee meeting. 
The legislative committee will discuss whether additional law clerk hours are needed and will communicate need to law clerk committee.

7. Update on the e-Newsletter and calls for volunteers: Jonathan Dyrud
Very positive feedback from section members with regard to new e-Newsletter.  Always seeking contributors.  Special thanks to Vicki McIntyre, Laurie Hanson, Kim Dayton, and Meaghan Harper. 

8. New Business: 

8.1.Strategic Planning Committee’s report of review of Survey and proposals for implementation: Monica Lewis

Committee reviewed survey sent to section members.  Identified common concerns and themes.  Recommend the establishment of new section committees to work with these concerns.  Propose the establishment of a pro bono committee, a Greater Minnesota support committee, and a member education committee.   Motion that the Elder Law section create a pro bono committee was passed. 

8.1.1 There was discussion as to whether it was appropriate to have a special committee for Greater Minnesota support, or whether it is more appropriate to simply remind all committee chairs of their obligation to include Greater Minnesota attorneys in all their activities.  There was very a very strong theme in the survey that Greater Minnesota members feel that they need to have greater access to the activities of the section.  Proposal that instead of a committee, the section appoint a Greater Minnesota Czar, to keep all committees accountable to our duty to serve the whole state.  It was pointed out that the committee could be a committee of one, if that is the best way to get the work done.  Motion that the Elder Law section create a Greater Minnesota support committee was passed. 

8.1.2 The existing public education committee is moribund.  Motion that the public education committee be disbanded and a new member education committee be formed was passed. 

Motion to amend and send out letter drafted by strategic planning committee to section members encouraging participation in section committees was passed. 

Other recommendations of the strategic planning committee were referred to the Council chair relevant committees. 

8.2 National Advance Directive Day: Janelle Januschka

Co-president of Elder Law and Estate Planning Society at William Mitchell.  Wednesday, April 16, 2008 – day set aside to raise awareness of health care advance directives and to assist people with completing directives.  Mitchell law students trained to help fill out forms.  Decide on forms, create brochure, informational packets, maybe a video.  Seeking attorneys to be present to answer questions.  Would like to expand efforts across the state.  Can provide supportive materials.  Asking for the Elder Law section’s support and assistance in recruiting volunteer attorneys to supervise Mitchell students.  Also asking the Elder Law section to join as a co-sponsor of the national initiative to carry the activities to Greater Minnesota.  Motion that the Elder Law section provide support to the National Advance Directive Day was passed.  The project will be referred to the appropriate committees for further discussion and planning. 

8.3 Kristine Mullman, New Lawyer’s Section liaison to the Elder law Section

Kristine introduced herself and mentioned Wills for Heroes volunteer opportunities.  See MSBA website through Probate and Trust Law section site for further information.  

8.4 Committee Report. No committee reports

Adjourn

The next meeting of the Governing Council will be held on Friday, December 14, 2007, at 3:30 p.m. at MAO Legal Services. 


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

Date: 08/10/07

Council Members Present: Jill Adkins, Linda Bogut, Kimberley Dayton, Kathleen M. Eveslage, Lori Guzman, Laurie Hanson, Richard Hawke, Bonita Kallestad, John Kanke, Sharon Kirtz, Vicki McIntyre, Suzanne Sandahl, Jeffrey W. Schmidt, Jennifer Wright, and Julian J. Zweber

Present by phone: Lori Guzman, Bonita Kallestad, Sharon Kirtz

Guest: Amanda Chrisman

Excused Absences: Vicki Ahl, Jake Baker, Stuart Bear, Doug Debner, Jonathan Dyrud, Monica Lewis, Cathryn Reher, Bob Russell, and Tom Wilson

Unexcused Absences: Mark Anderson, Joel Button, Cynthia Capin, Lauren Demmer, Margaret Grathwol, Lynn Lindsay, David Stahlman (Note: Council members should contact the chair in advance when they are unable to attend a council meeting.)

MSBA Staff: Meaghan E. Harper

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on August 10, 2007, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:35 p.m. by Chair, Laurie Hanson.

2. Approval of Agenda: The agenda was approved as submitted.

3. Approval of April 20, 2007 Council Meeting Minutes: Upon motion duly made and seconded, the minutes from the April 20, 2007, meeting of the Governing Council were approved..

4. Treasurer’s Report: Upon motion duly made and seconded, the Treasurer’s Report for the period ending, was discussed and accepted.

5. Old Business:

5.1. Estate of Barg Amicus Brief: Julian Zweber and Joel Button
Lots of hard work went into the brief on the part of both Julian Zweber and Joel Button. It was submitted on behalf of Elder Law Section and National Senior Citizens Law Center. The court has not yet set a date for oral argument – it must be within 30 to 180 days of June 6, 2007. Hope for early fall date. Commissioner has submitted additional authority – amendment of state plan submitted to CMS.

5.2. Darlene Luther Anatomical Gifts Act legislation – Julian Zweber
MSBA asked to review uniform statute on anatomical gifts passed last legislative session. Tips balance toward making it easier for procurement agencies. Bar had no chance to review last session. We got a delay in the effective date – April 1, 2008. Health Law, Probate and Trust and Elder Law Section are meeting together to work through issues. Jake Baker, Jonathan Dyrud and Julian are serving on this committee on behalf of the Elder Law Section. Will probably result in short technical bill and longer bill dealing with policy issues. Proposed legislation will be up for review and approval at the October Governing Council meeting.
Action item for October: review proposed legislation/take position if requested

5.3. Health Care Programs Manual – hiring a law clerk to research the manual and changes – Doug Debner/Jennifer Wright
We approved the hiring of a law clerk some time ago. There was some confusion about the chairship of the committee, now resolved. At this meeting, Kim Dayton agreed to supervise the student who is hired. We need to work closely with Legal Aid, which is also looking closely into this matter. Kim will sit ex-officio on the law clerk committee to help with the hiring. The April minutes have a good discussion of the scope of the project.
Action item: The committee will proceed with the hire.

5.4. Irrevocable Trust legislative proposals – Bob Russell
Bob Russell has proposed to have a meeting at the August 23 MA seminar to discuss the issues – either at noon or at 4:30. Julian talked to Probate and Trust Law Section about their legislative plans. Lloyd Grooms, the MSBA lobbyist, is discouraging any major projects for 2008 session. Probate and Trust Law Section is not interested in irrevocable trust legislation for this next session. They want to let things settle for a while. It may not be worth our while to proceed without the support of Probate and Trust. Maybe 2009 would be a better time. Do some spadework with the Tax Committees in preparation. Need to find someone as lead to push it, and find some legislators to sponsor. Probate and Trust have some other projects they are working on. The irrevocable trust legislation may take a couple of years of preparation.
Action item: Julian will discuss this with Bob Russell. At the next meeting, the committee can report how it wants to proceed.

5.5. Elder Law Institute – update and date for next meeting at the Institute : Laurie

Motion that the meeting be held at breakfast (7:30 am) on the second day of the Elder Law Institute. MSBA will provide room and food from the food already prepared for the Institute. Reason for meeting at the Institute is to allow out-state council members to attend a meeting in person and to allow non-council members to attend if they choose. Other possible times have advantages and disadvantages. No time will be perfect for everyone. Motion carried with two nays.

5.6. Executive Committee report on: Post-trigger annuities, FOIA inquiry on improper transfers and a brief bank

Executive Committee has not met, and has no report. Jeff reported that there is an informal group working on the issue of post-trigger annuities, and that is a good way to address the issue. Question was raised why it was assigned to Executive Committee to research and present on these issues. Executive Committee’s main role is to act on issues that need immediate action before the next Governing Council meeting. Discussion of these issues will be moved to New Business – it is not an Executive Committee matter.

6. New Business: (Note: we will begin new business at 4:15)

6.1. Discussion of Survey Results – Laurie Hanson
The chair assigned the strategic planning committee to review survey results and report back with proposals for action. Strategic planning needs new members.
Action item: The Strategic planning committee should hold a meeting and contact respondents who expressed interest in volunteering with the section.

6.1.1. Pro Bono Projects for the Elder Law Section
One of the repeating comments from section members was that they would like more pro bono opportunities to be provided through the section. Monica Lewis would be willing to work on this project. MAO is proposing to create chance for elder law attorneys to help low income people with simple estate planning and administrative hearings.

6.1.2. Direction to the Newsletter Committee
Newsletter has been a huge amount of work for the leader and editor and hard to keep up with. Jonathan supports whatever means of general communication we agree on. Newsletter committee has had discussions of ways to get information out promptly and effectively. Problem is not the committee but finding an editor. Bar can turn articles into a publishable newsletter for us. Coordinating remains a very time-consuming job. David Rephan did a tremendous amount of work for a couple years, but it is too much for one person to keep for long. 73% of respondents have read the newsletter. 71% rated it as high or medium benefit. Discussion ensued as to how to communicate with the section.

6.1.2.1. Elderlaw E-Bulletin?
Each blast email to the section costs $18. Cost depends on the number of people on the membership list. Weekly E-Bulletin would cost about $936 a year. Could replace the newsletter. Someone does have to coordinate and send out bulletins, but less work needed – editing, writing, etc. Respondents overwhelmingly prefer to receive information by email. Could encourage all members to write short summary of interesting cases, send in interesting cases, news items, etc. Members can also write essays and submit. Motion to instruct the newsletter committee to come up with and implement a plan for creating a weekly E-Bulletin passed unanimously. This includes approval of funding to implement the E-Bulletin. Vicki McIntyre and Amanda Chrisman are interested in serving on the newsletter committee. Laurie and Meaghan will attend the meeting where the E-Bulletin is first planned.
Action Item: Newsletter committee to meet, implement, and report back at the next meeting.

6.1.3. Networking/short CLE opportunities
Need someone to do the accreditation requirements, find a location, recruit speakers, pick topics, etc. The MSBA section services will do most of the work for accreditation and will provide the rooms free of charge at the Bar offices. Out-state people won’t benefit unless we do them in remote locations or as webcasts. Meaghan says that she thinks it is better to go with three hour CLEs instead of 1 hour.
Action item: Strategic planning committee should discuss this and report at October meeting.

6.2. Awards Committee – Julian
Need to get the committee going so that it is ready with awards for the Institute. Julian invited those who are interested in serving to contact him. Awards, if any, will be given at the Elder Law Institute.

6.3. Probate forms – Dick
PracticeLaw is working on new forms. Contact Dick with suggestions for new forms, questions, etc. The new forms will be available in HotDocs.

Adjourn

 



MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Annual Meeting Minutes
June 12, 2007

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 12, 2007, in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in St. Paul, Minnesota. Chair Douglas Debner convened the meeting at 1:15 p.m.

The following business was conducted at that meeting:

1. 2006 Annual Meeting Minutes.
The membership waived reading of the minutes from the 2006 Annual Meeting. The membership approved the minutes from the 2006 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded, the Treasurer's Report for the period ending April 30, 2007, was accepted.

3. Nominating Committee Report. Tom O'Connell on behalf of the Nominating Committee Chair presented the slate of officer and governing council member nominees to replace the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

4. Election of Governing Council Officers and Members. Motion was made and approved to move John Kantke from student member to member replacing David Rephan. With no nominations from the floor of alternative officers or members and upon motion duly made and seconded, the membership voted to approve and duly elect the presented slate of officers and council members to serve until their successors be elected and take office as follows:

Officers:
Laurie A. Hanson - Chair
Jeffrey W. Schmidt - Vice Chair
Jennifer L. Wright - Secretary
Vicki M. Ahl - Treasurer

2007-2008 Board Members:
Jill Adkins
Mark L. Anderson
Stuart C. Bear
Cynthia J. Capin
Kathleen M. Eveslage
Richard Hawke
Margaret Crathwol
Sharon K. Kirts
Monica Lewis
Vicki McIntyre
Robert L. Russell, III
David R. Stahlman
Thomas Wilson
Douglas Debner
Jacob J. Baker
Linda L. Bogut
Kimberly Dayton
Jonathan A. Dyrud
Lori L. Guzman
Bonita A. Kallestad
Lynn R. Lindsay
Cathryn D. Reher
John Kantke
Suzanne M. C. Sandahl
Julian J. Zweber
Lauren Demmer - Student Member
Joel Button - Student Member

5. New Business. The next meeting of the Elder Law Governing Council will be held at 3:30 p.m., on August 10, 2007, at MAO Office located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota.

6. Adjourn. There being no further business, the meeting was duly adjourned at 1:33 p.m.

Respectfully submitted,


Jacob J. Baker
Substitute Secretary, Elder Law Governing Council




MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes
December 8, 2006

Present: Richard D. Hawke, Jonathan A. Dyrud, Kathleen M. Eveslage, Monica Lewis, Joel Mullen, Thomas R. O'Connell, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber, Bridget Mueller (Student Rep.), Lori Guzman, Linda Bogut, Stuart Bear, Renee Anderson (MSBA), Vicki McIntyre, John Kantke (St. Thomas student), Laurie Hanson, Kim Dayton. Jacob Baker and Robert Russell, III, by phone.

Excused Absences: Doug Debner, Bonita Kallestad, Cathryn D. Reher, Vickie Ahl, David Rephan.

Unexcused Absences: Mark L. Anderson, Cynthia J. Capin, Barbara F. Goldstein, Sharon K. Kirts, and Suzanne M. C. Sandahl.

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on December 8, 2006, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:30 p.m. by Vice Chair, Laurie Hanson.

2. Presentation made by Kathie Battle Sayles from SMRLS. Presentation by Kathie Battle Sayles from SMRLS to address a new initiative for low income seniors to work with volunteer attorneys on elder law issues. Upon motion duly made and seconded, the Elder Law Section's support of the initiative was approved. She will return to make a follow-up presentation at the next meeting to discuss the project in more specifics on February 7, 2007. Her handout is made a part of these minutes.

3. Approval of Agenda. Julian Zweber asked to be added to discuss brief bank. Vicki McIntyre will be discussing pet trust legislation. Upon motion duly made and seconded, amended agenda approved.

Later in the meeting, upon motion duly made and seconded, it was approved that the meeting agenda be amended to include a discussion of whether the Elder Law Section would like to submit an amicus brief in the Estate of Barg appeal. Upon motion duly made and seconded, Council approved Elder Law Section's position to support a motion for leave to file an amicus brief in the Estate of Barg appeal.

4. Pet trust legislation - Vickie McIntire. Vickie McIntire presented on pet trust legislation. Upon motion duly made and seconded, Council approved supporting the proposal as written.

5. Approval of October 13, 2006 Minutes: The following changes were made: Lori Guzman was added to the excused members list and Jake Baker was present at the meeting by phone. Upon motion duly made and seconded, the minutes from the October 13, 2006 meeting of the Elder Law Governing Council as amended were approved.

6. Treasurer's Report: Upon motion duly made and seconded, the Treasurer's Reports for the period ending June 30, 2006, and for the period ending August 31, 2006 were approved.

7. Planning Committee for 2007 Elder Law Institute: Sign-up list for those interested in planning for the 207 Elder Law Institute passed around. Discussion about possible need for planning schedule meeting. Upon motion duly made and seconded, Council approved that Laurie Hanson will chair 2007 Elder Law Institute and contact Lynn O'Connell immediately about setting a schedule. Action Item: Laurie Hanson will contact Lynn O'Connell to set up a schedule for planning the institute.

8. Committee Reports:

a. NOMINATING COMMITTEE. Jeff Schmidt, Chair of the Nominating Committee, stated that a non-governing council member will be appointed by the next Council meeting.

b. WEBSITE COMMITTEE. Kim Dayton, Chair of the Website Committee, identified that some documents and links have been added to the website. It was suggested that the "What's New at DHS" subscription list be added to the website. All briefs from the Estate of Barg case are being copied and will be added to the website to start the brief bank.

c. NEWSLETTER COMMITTEE. If someone is working on an article for the newsletter it should be brought to the attention of Jonathan A. Dyrud by January 10, 2007 and it will be included. Action Item: All members should send a short article to Jonathan before the 10th !!!!!

d. STRATEGIC PLANNING COMMITTEE. Three motions were made and approved.

1. That the Council meeting schedule be change every April so that the meeting was the Friday after April 15th. Specifically, the April Council meetings for the next two years will be Friday April 20, 2007 and Friday April 18, 2008. This Motion was seconded and approved. Action Item: Doug Debner will publish a revised schedule.

2. That the Council's representative to the Policy Committee of the MSBA Assembly advise the Policy Committee of the Council's position that any policy on cost reimbursement should promote out-state attendance of meetings. This was seconded and passed. Action Item: Laurie Hanson will take this position to the Policy Committee meeting in January and bring the Policy Committee's proposed language to the Council's February meeting for discussion.

3. The Committee requested that the Council pay MAO for use of the conference room. This was tabled for discussion at the next meeting. Action Item: Monica Lewis will present the Council with a proposal for reimbursement of costs associated with hosting the Council and Medical Assistance Committee meetings at MAO.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee will be held on December 19, 2006 at 3:30 p.m. at the MAO offices.

f. LEGISLATIVE COMMITTEE. No report.

g. AWARDS COMMITTEE. No report.

h. BY-LAWS COMMITTEE. On hiatus for 2006-2007 Bar year.

i. LAW CLERK COMMITTEE. No report.

9. Amicus Brief: The State has appealed the Barg case. If the Petition for Review is granted, any Amicii must petition for permission to file an Amicus brief within 15 days of the petition. The NSCLC may file an amicus brief. After motion duly made and seconded, the Council gave unanimous approval to be an amicus if an author or authors can be found. As amicus, the Section will support the Personal Representative of Barg, but urge the court to follow the Smith case recently decided by the Supreme Court in Tennessee.
Action item: Julian Zweber will try to find authors for the Amicus brief, should the Supreme Court grant the State's petition for review.

10. Adjourn: The meeting was adjourned at 5:05 pm.


Respectfully submitted,


Kimberley Dayton for
Cathryn D. Reher


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes
April 20, 2007

Present: Cathryn D. Reher, Robert Russell, III, Bonita A. Kallestad, Lori L. Guzman, Jacob Baker, Monica Lewis, David Stahlman, Joel Mullen, John Kantke (St. Thomas student), Jeffrey W. Schmidt, Julian J. Zweber, Laurie Hanson, Renee Anderson (MSBA), Douglas J. Debner, Jonathan A. Dyrud, Kim Dayton, Kathie Battle Sayles, Richard D. Hawke, Kathleen M. Eveslage, Stuart Bear, Thomas R. O’Connell and Bridget Mueller (Student Rep).

Excused Absences: David Rephan and Jennifer Wright.

Unexcused Absences: Mark L. Anderson, Vicki M. Ahl, Linda L. Bogut, Cynthia J. Capin, Barbara F. Goldstein, Sharon K. Kirts and Lynn R. Lindsay.

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on April 20, 2007, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:40 p.m. by Chair, Doug Debner.

2. Approval of February 9, 2007, Minutes. Upon motion duly made and seconded, the minutes from the February 9, 2007, meeting of the Governing Council were approved.

3. Nominating Committee Report. The nominating committee submitted a Governing Council slate of candidates for the 2007 – 2008 term. David Rephan has resigned and Tom O’Connell has agreed to contact John Kantke to see if he will serve as a Council member. With these exceptions, upon motion duly made and seconded, the slate was approved. The chair will be notifying the Elder Law Section Membership of the approved slate and notifying the section membership of the annual Elder Law Section Meeting at which time the slate will be confirmed.

4. Treasurer’s Report. Upon motion duly made and seconded, the Treasurer’s Report for the period ending February 27, 2007, was discussed and accepted.

5. Strategic Planning Committee Report. The strategic planning committee recommended that the Council authorize payment for the following:

A. Reimbursement to Elder Law Section members for mileage in carrying out the duties and business of the Section. Requests for reimbursement are to be made by the individual to the Treasurer. Upon motion duly made and seconded, the recommendation was approved.

B. Reimbursement for MAO Legal Services for staff time and costs for holding the Elder Law Section, Elder Law Governing Council and Medical Assistance Committee meetings at the MAO location for the 2006 – 2007 fiscal year in the amount of $300 (six MA committee meetings and four Council meetings at $30 per meeting). Upon motion duly made and seconded, the recommendation was approved.

6. Old Business. Upon motion duly made and seconded, the Council approved a member scholarship for a law student to underwrite the costs of participating as a Council member.

7. Estate of Barg Amicus – Brief Update. The case involves Medical Assistance estate recovery claims against a surviving community spouse who did not receive Medical Assistance. There are four other states that have determined that no claim can be made under such circumstances. The Respondent’s brief is due May 10, 2007 and the Amicus brief is due May 17, 2007. The rough draft should be completed by April 27, 2007. A student clerk has been writing the brief for credit. The final version of the brief will be submitted to the Executive Committee for review and approval. Any required certificate to the Minnesota State Bar Association to proceed with filing of the Amicus brief will be completed by the Chairperson prior to submission of the brief to the Minnesota Supreme Court.

8. Senate File 883 and Companion House Bill. Lloyd Grooms who is the lobbyist for the Minnesota State Bar Association requested the Elder Law Section take a position on Senate File 883 which is the revised Anatomical Gift Act. Upon motion duly made and seconded, the council approved the following:

A. The Elder Law Council is unable to support or oppose Senate File No. 883 and House companion bill because no Section of the Minnesota State Bar Association has studied its term. The Elder Law Section supports tabling the bill for one year to afford an opportunity for the Minnesota State Bar Association to study Senate File 883 and the House companion bill or failing that, supports a one year delay in the effective date.

9. Executive Committee Proposal.

A. Health Care Programs Manual. Upon motion duly made and seconded, the Council has agreed to hiring a law clerk for summer research on the improper rule making contained in the last Health Care Programs Manual. Gross budget: 100 hours at $20.00 = $2,000. Research to look at:

I. Basic administrative law on agency power to engage in rule making and the limits on the same;
II. Minnesota case law on improper rule making;
III. Nation wide search for cases on point;
IV. Review of HCPM for specifically objectionable changes; and,
V. The requirements of a Section 1983 claim.

B. Irrevocable Trust Committee: Upon motion duly made and seconded, the Council agreed to the idea of developing a committee to coordinate opposition to the legislative change involving Medical Assistance and irrevocable trusts. We would expect to coordinate with charitable giving representatives as well as individual members of the elder law and probate and trust law sections. We would work towards developing an appropriate response.

C. Miscellaneous: The council agreed to keep on the agenda, the executive committee proposal to work on:

I. Post-trigger annuities;
II. FOIA inquiry on improper transfers related to Medical Assistance; and,
III. A brief bank.

12. Committee Reports:

A. Nominating Committee. See above.

B. Web-site Committee. No report.

C. Newsletter Committee. Jonathan Dyrud indicated it is hoped the next section publication will be out shortly.

D. Strategic Planning Committee. See above.

E. Medical Assistance Committee. No report.

F. Legislative Committee. No report.

G. Awards Committee. No report.

H. By-laws Committee. No report.

I. Law Clerk Committee. No report.

J. 2007 Elder Law Institute Planning Committee. Laurie Hanson reported the first meeting of committee for the Elder Law Institute will meet on May 22, 2007. Anyone interested in participating in this faculty should let Laurie Hanson know as soon as possible.

13. New Business:

A. The annual meeting of the Elder Law Section will be held on June 12, 2007, at noon during the Probate and Trust MSBA CLE.

B. Kathy Eveslage indicated Heather Meyers is a law student who is willing to volunteer her time with an elder law firm for the summer.

14. Adjourn: The meeting was adjourned at 5:00 p.m.

Respectfully submitted,

Cathryn D. Reher


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes
October 13, 2006


Present: Douglas J. Debner, Cathryn D. Reher, Richard D. Hawke, Vicki M. Ahl, Jonathan A. Dyrud, Kathleen M. Eveslage, Bonita A. Kallestad, Sharon K. Kirts, Monica Lewis, Joel Mullen, Thomas R. O'Connell, Robert L. Russell, III, Suzanne M. C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber, Bridget Mueller, Jake Baker (teleconference).

Excused Absences: Laurie A. Hanson, Jacob J. Baker, Stuart C. Bear, Linda L. Bogut, A. Kimberly Dayton, Lynn R. Lindsay, Lori Guzman.

Unexcused Absences: Mark L. Anderson, Cynthia J. Capin, Barbara F. Goldstein, David Rephan.

1. Call to Order: The Governing Council of the Elder Law Section of the Minnesota State Bar Association met on October 13, 2006, at MAO Offices located at 2021 East Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 12:00 p.m. by Chair, Douglas Debner.

2. Future Meeting Times and Places:
Upon motion duly made and seconded, the following meeting schedule was approved:

December '06: Friday, December 8, at 3:30 p.m. at MAO
February '07: Friday, February 9, at 3:30 p.m. at MAO
April '07: Friday, April 13, at 3:30 p.m. at MAO
June '07: Annual Meeting held after the last day of the Probate and Trust Law Institute, circa June 19
August '07: Friday, August 10, at 3:30 p.m. at MAO
October '07: Meeting to be held at a convenient time at the MSBA Elder Law Institute
December '07: Friday, December 14, at 3:30 p.m. at MAO
February '08: Friday, February 8, at 3:30 p.m. at MAO
April '08: Friday, April 11, at 3:30 p.m. at MAO
June '08: Annual Meeting held after the last day of the Probate and Trust Law Institute, circa June 19
August '08: Friday, August 8, at 3:30 p.m. at MAO
October '08: Meeting to be held at a convenient time at the MSBA Elder Law Institute

3. Approval of Minutes: Upon motion duly made and seconded, the minutes from the May 12, 2006 and August 11, 2006 meetings of the Elder Law Governing Council were approved. Richard Hawke will be going through his past records to try to locate old meeting minutes that can be incorporated into the Meeting Minutes Handbook created by the Secretary.

4. Treasurer's Report: Upon motion duly made and seconded, the Treasurer's Reports for the period ending June 30, 2006, and for the period ending August 31, 2006 were approved.

5. Member Resignation: Gina M. Nelson has resigned. Upon motion duly made and seconded, the Council accepted the resignation with Council's note of appreciation for her work on the Council. Upon motion duly made and seconded, Council approved filling her position for the balance of her second term with a person who is on the wait-list for Council membership. Gina had been a committee member for the Law Clerk and Nominating Committees. Tom O'Connell will be filling in for her on the Nominating Committee and Kathy Eveslage will be filling in for her on the Law Clerk Committee.

6. Committee Reports:

a. NOMINATING COMMITTEE. Jeff Schmidt, Chair of the Nominating Committee, will be looking for a non-committee member to serve on the committee. It has been suggested that John Kantke, the law student that Julian is mentoring, be considered for the committee. The Chair will also be sending out a reminder on the membership attendance policy and providing instructions on how to participate at the council meetings by phone.

b. WEBSITE COMMITTEE. No report.

c. NEWSLETTER COMMITTEE. The committee released its September 2006 newsletter. They are anticipating a January release of the next newsletter. They are soliciting topic suggestions and articles for the up-coming newsletter. Kathy Eveslage indicated that she is writing articles on a regular basis for "Good Age" and also suggested that we review the helplawmn.org site for additional topics or articles.

d. STRATEGIC PLANNING COMMITTEE. The committee was going to meet on October 13, 2006, and they will issue a report at the next council meeting.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee will be held on October 17, 2006 at 3:30 p.m. at the MAO offices. There had been discussion of running the Medical Assistance Committee and Legislative Committee meetings back to back. This format does not seem workable for the Legislative Committee which needs to meet on a more flexible schedule.

f. LEGISLATIVE COMMITTEE. The Legislative Committee will not be convening until after the elections on November 7, 2006. Jennifer Wright suggested that perhaps we should, as a council, support legislation that is not related to Medical Assistance and that impacts other areas of the Elder Law practice. Specifically, she was interested in POLST legislation. Also mentioned were efforts to put more enforcement powers behind the statutory short form power of attorney.

g. AWARDS COMMITTEE. At the October 5, 2006 MSBA Elder Law Institute, the Awards Committee awarded the Mary Alice Gutteral Award to Richard Hawke. There also was a new award created by the committee, which is a Lifetime Service Award. This was given to Frances Long. Although the committee has provided special recognition awards in the past, none were given this year. The committee stayed within its approved budget.

h. BY-LAWS COMMITTEE. On hiatus for 2006-2007 Bar year.

i. LAW CLERK COMMITTEE. The law clerk position is vacant at this time. The committee is waiting to see the outcome of the elections in order to determine the needs for the law clerk position.

7. New Committees: The Chair is seeking feedback from council members on any new committees, such as a forms committee, before the next council meeting.

8. Elder Law Institute (October 5 and 6, 2006): The feedback on this year's Elder Law Institute was well received. Julian Zweber raised the issue of whether it is advisable to have the Chair of the Council also chairing the Elder Law Institute. The members agreed there was no formal policy that this needed to be done. It was recommended that the Vice Chair serve on the committee, but there was nothing to indicate that the Vice Chair had to act as Chair of the Elder Law Institute Planning Committee. There was a general discussion that the Planning Committee for the Elder Law Institute is formed by requesting volunteers for that committee at the Annual April Meeting of the Council. The Elder Law Institute Committee then meets over the summer months to plan the Institute.

9. Adjourn: The meeting was adjourned at 1:20 p.m.


Respectfully submitted, Cathryn D. Reher


 

 


DRAFT MINUTES OF ANNUAL MEETING
ELDER LAW SECTION
MINNESOTA STATE BAR ASSOCIATION

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 20, 2006 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. Chair Kathy Eveslage convened the meeting at 12:55 p.m.

The following business was conducted at that meeting:

1. 2005 Annual Meeting Minutes. The membership waived reading of the minutes from the 2005 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2006 was approved.

3. Nominating Committee Report. Julian Zweber on behalf of the Nominating Committee Chair presented the slate of officer and governing council member nominees to replace the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

4. Election of Governing Council Officers and Members. With no nominations from the floor of alternative officers or members and upon motion duly made and seconded, the membership voted to approve and duly elect the presented slate of officers and council members to serve until their successors be elected and take office as follows:

Officers: Douglas J. Debner - Chair
Laurie A. Hanson - Vice Chair
Cathryn D. Reher - Secretary
Richard D. Hawke - Treasurer

2006-2007 Board Members:
Linda L. Bogut
A. Kimberley Dayton
Jonathan A. Dyrud
Lori L. Guzman
Bonita A. Kallestad
Lynn R. Lindsay
Suzanne M.C. Sandahl
Jennifer L. Wright
Julian J. Zweber
Jeffrey W. Schmidt
Jacob J. Baker
David Rephan
Joel Mullen
Bridget Mueller - Student Member

5. Approval of Amendments to the Bylaws MSBA Elder Law Section. Upon motion duly made and seconded, the membership voted to approve amendments to the Section's Bylaws as previously approved by the Elder Law Governing Council at its May 12, 2006 meeting. Richard Hawke will forward the amendments to the MSBA for further action.

6. New Business. The next meeting of the Elder Law Governing Council will be held at 3:30 p.m. on August 11, 2006 at MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The following meeting will be in the same location on October 13, 2006 at 12:00 p.m.

7. Adjourn. There being no further business, the meeting was duly adjourned at 1:15 p.m.

Respectfully submitted,

Cathryn D. Reher
Secretary, Elder Law Governing Council


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

March 10, 2006

Present: Robert L. Russell, Cathryn D. Reher, Lynn Lindsay, Bonnie Kallestad, Laurie Hanson, Lori L. Guzman, Vicki McIntyre (guest), Renee Anderson (MSBA), Monica Lewis, Julian Zweber, Kathy Eveslage, Suzanne M.C. Sandahl, Richard D. Hawke, Kim Dayton.

Note: Jennifer Wright, Doug Debner and Stuart Bear did not attend but their absence was excused.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on March 10, 2006, at William Mitchell School of Law. The meeting was called to order at 3:15 p.m. by Chair, Kathy Eveslage.

2. Legal Assistance to the Disadvantaged - Request for Support: The LAD committee made a presentation on continuing legal education credit for pro bono legal services. It is hoped that allowing a special category of credit would provide an incentive to perform pro bono services and also provide educational opportunities. The LAD committee was seeking Section support for its proposal. The council upon motion approved its support of Continuing Legal Education (CLE) Credit for pro bono legal services for inclusion under Rule 6 (Special Categories of Credit) of the Minnesota State Board of Continuing Legal Education.

3. Approval of Minutes: Tabled until next meeting.

4. Treasurer's Report: The Treasurer's Report ending December 31, 2005, was approved upon motion. Richard Hawke noted the cost was $39.00 to disseminate the most recent newsletter by e-mail.

5. Committee Reports:

a. NOMINATING COMMITTEE. The committee has reviewed attendance records and is in the process of determining those members who will be asked to serve an additional term and the number of expected vacancies.

b. WEBSITE UPDATE. Kim Dayton has indicated that she is going to add a new section to the website to highlight Section members in the news.

c. NEWSLETTER. Although the most recent edition of the newsletter was to have gone out in paper form, it was sent out only by e-mail. The council approved upon motion to mail the most recent edition to approximately 20 members of the Section who do not have e-mail. The mailing will include a cover letter reflecting that this will be the last hard copy of the newsletter and that future publications will be forwarded by e-mail. The cover letter will provide the option of continuing to receive the newsletter by hard copy for those Section members who do not have e-mail. The council suggested that a similar notice be posted on the Section's website.

Monica Lewis was approached about advertising in the newsletter. The position of the council historically has been not to allow advertising as it may result in a misconception that the council is endorsing particular products or services.

d. STRATEGIC PLANNING COMMITTEE. The council approved upon motion Long, Reher & Hanson's request for reimbursement for Medical Assistance Committee expenses. The Strategic Planning Committee has requested that the Chairs for each Section Committee provide an estimated budget of anticipated expenses through June 30, 2006, and to provide a projected budget for July 1, 2006 through June 30, 2007. The Chair is to disseminate a request to the Chairs for this information.

Bob Russell questioned whether there would be reimbursement for mileage for out of state committee members. After discussion, the council maintained its current policy of not reimbursing mileage.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for April 18, 2006 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Brynn Rhodes is the new student clerk. She is a second year law student at William Mitchell. The Committee should have information on Minnesota Department of Human Services proposed legislation by March 16, 2006.

g. AWARD COMMITTEE. No new report.

h. BY-LAWS COMMITTEE. Council upon motion approved the following changes to the MSBA Elder Law Section By-Laws:

(New) Article II, Section 2: Any interested law student who is a student member of the MSBA may be a non-voting member of the Elder Law Section. Up to four law students may serve as a non-voting student (associate) member of the Governing Council.

(Old Section 2 renumbered to Section 3)

Article V. Committees, (new) Section 4: Each Committee Chairperson shall continue to serve until a successor is appointed by the Chair.

(New) Article X: The Section Chair shall appoint a delegate and an alternate to the MSBA assembly as necessary to satisfy the Bylaws of the MSBA.

During discussion of the proposed Section Bylaw amendments, Renee Anderson advised that although membership in the Section is free, students must become members of the Minnesota State Bar Association and also the County Bar. Thus, the membership cost to a student would be approximately $30.00 to $40.00. There was discussion but no resolution of possible sponsorship by the Section of student members.

The approved changes to the Section's Bylaws must be presented at the Section's upcoming annual meeting. If approved by the Section, the amendments must be voted upon by the Minnesota State Bar Association.

Renee Anderson also requested the council look at the MSBA Governing Committee suggested revisions to the Section's Bylaws in order to conform to the MSBA Model Language.

6. Amicus committee - should one be formed? Tabled until next meeting.

7. Dues for 2007. The Council upon motion approved increasing dues from $15.00 to $20.00. The dues change will need to be ratified at the Section's annual meeting and then approved by the MSBA General Assembly. Dues will increase as soon as effective under the Bylaws.

8. New Business. The Council upon motion approved to have the Chair appoint the delegate and alternate delegate to the MSBA General Assembly as necessary to satisfy MSBA Bylaws.

The Chair announced that St. Thomas Law School invited elder law practitioners to come and talk about the practice of elder law with students. The invitation is for March 30, 2006 from 12:30 p.m. to 1:30 p.m.

Renee Anderson encouraged council members to become educated on judicial independence resources by visiting the MSBA website at www.mnbar.org.

The Elder Law Section Annual Meeting will be held on June 19, 2006, as part of the Minnesota State Bar Association Probate and Trust Continuing Legal Education Seminar.

9. Next Governing Council Meeting. The next governing council meeting will be held on May 12, 2006, at 12:00 p.m. at the MAO office, 2021 East Hennepin, Suite 200, Minneapolis, Minnesota.

10. The meeting was adjourned at 5:00 p.m.

Respectfully submitted,

Cathryn D. Reher


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

January 13, 2006

Present: Cynthia Capin, Kim Dayton, Douglas J. Debner, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Laurie Hanson, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Gina M. Nelson, Tom O'Connell Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber, Michael Rox (student), Tom Wilson.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on January 13, 2006 at the Minnesota State Bar Association. The meeting was called to order at 12:35 p.m. by Chair, Kathy Eveslage.

2. Approval of Minutes: The minutes for the November 17, 2005, council meeting were approved as amended:

Kim Dayton attended the November 13, 2005 meeting.

Item 2. Item 5.g is amended further. Jennifer Wright and Julian Zweber will supervise the student clerk.

Item 3. Correction of spelling error changing Groomes to Grooms.

Item 5g. Correction of spelling error changing Andy to Randy.

3. Treasurer's Report: The treasurer's report ending November 30, 2005 was approved upon motion. The "Payments to Third Parties" entry will be moved into Newsletter Preparation where it more properly belongs.

4. Committee Reports:

a. NOMINATING COMMITTEE. The committee asked for recommendations of section members that are not on the council who could serve on the nominating committee. The committee will follow up with suggested names. Julian Zweber recommended the committee consult with out state attorneys for suggestions. Attendance records will be reviewed in determining whether to ask a member to serve an additional term. The committee is expecting vacancies at the end of this term and intends to wrote those who previously expressed an interest to invite them to become members. There Vice Chair position will be vacant at the end of this term and Laurie Hanson has volunteered to serve in this capacity. Cathryn Reher has volunteered to continue for the balance of her term as Secretary.

b. WEBSITE UPDATE. Laurie Hanson handed out a sheet reflecting the new public benefits figures that will be published on the section's website. No briefs have been submitted for posting. Julian has volunteered to scan documents into .pdf format and forward to Kim Dayton for posting on the web site. The MSBA has also approached Kim about a Guardianship/Conservatorship Handbook. She will distribute additional information as it becomes available. Julian has a DNR/DNI form with an article explaining definitions that he would like to get posted. Cathryn will send Kim the Medical Assistance Committee meeting notices for posting.

c. NEWSLETTER. The committee is hoping that the next newsletter will be issued shortly. They are still waiting for summaries from some Committee Chairs.

d. STRATEGIC PLANNING COMMITTEE. The council upon motion approved the proposed 2005-2006 Budget and accepted the report from the committee covering council activities for the first half of FY 2005-2006 and including recommendations for council activities for second half of FY 2005-2006. The chair will review the proposals and schedule discussion of committee recommendations at future council meetings. The committee also handed out the MSBA Section Expense Form to be used by the Section when making reimbursement requests to the Treasurer. Jennifer asked that the committee consider presenting a two year budget.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for February 21, 2006 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian Zweber provided an update on the pending federal changes in Medicaid laws which are not likely to be voted upon until sometime in February 2006. Jennifer indicated that an Assisted Living Task force may introduce legislation defining assisted living. She would like the council to review the available materials when they are available.
g. AWARDS COMMITTEE: No activities are planned for the immediate future.

h. BY-LAWS COMMITTEE: No new report.

5. Dues - Deadline to change 3-1-06: Richard Hawke indicated that to increase dues, the section members must approve the change at the annual meeting. Thus there can be no immediate increase in the dues. Current membership dues to joint the section are approximately $15.

6. Amicus committee - should one be formed? Tabled until next meeting.

7. Law Student Networking reception 2-7-06: Jennifer will attend on behalf of the council. Others were encouraged to attend. The reception will be from 5:00 - 7:00 p.m. at the MSBA office.

8. Nominations for David Graven Public Service Award: Nominations of attorneys with distinguished public service are being sought and should be submitted to the MSBA by February 24, 2006 with the award to be given on April 21, 2006.

9. Miscellaneous: The search for a student clerk is continuing. Kathy is going to check on a separate heading for Elder Law in the MSBA Attorney Referral publication. A handout was provided on the difficulties associated with the new Medicare Part D published by the National Senior Citizens Law Center.

10. Next Governing Council Meeting: The next Governing Council meeting will be March 10, 2006, at the MAO Office-2021 East Hennepin, Suite 200, Minneapolis, Minnesota, at 3:00.

8. The meeting was adjourned at 2:00 p.m.

Respectfully submitted,

Cathryn D. Reher



MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

November 17, 2005

Present: Tom O'Connell, Dick Hawke, Vicki Ahl, Stuart Bear, Gina M. Nelson, Julian Zweber, Cathryn Reher, Laurie Hanson, Monica Lewis, Susan Sandahl, Jennifer Wright, Renee Anderson, Bonita Kallestad, Doug Debner, Bob Russell and Lloyd Grooms.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on November 17, 2005 at the Minnesota State Bar Association. The meeting was called to order at 3:45 p.m. by Chair, Kathy Eveslage.

2. Approval of Minutes: The minutes for the September 16, 2005, council meeting were approved as amended:

Item 4. Treasurer's Report ended June 30, 2005, instead of July 31, 2005.

Item 5.e. MEDICAL ASSISTANCE COMMITTEE was amended to include that Jeff Schmidt and Cathryn Reher are co-chairs.

Item 5.f. LEGISLATIVE COMMITTEE was edited to read as follows: Julian reported on the activities of the Probate and Trust section and the Planned Giving Council with regard to the trust legislation.

Item 5.g. The Student Clerk Committee will continue as an ad hoc committee and Jennifer Wright will supervise the student clerk and act as research coordinator. Doug Debner will be the chair of the committee. The Council approved budgeting $4,000 for the student clerk position.

3. Lloyd Grooms - "Grass Roots" program: Lloyd Groomes, an attorney at Winthrop & Weinstein, is the MSBA lobbyist. We took this agenda item out of order as he was a guest. He requested that people sign up to be part of the Grass Roots Action Network. Being a delegate of the Grass Roots Action Network means that you are willing to be contacted to meet with a legislative representative or to work on a bill in which you have interest or expertise. You can sign up on the MSBA website.

4. Treasurer's Report: The treasurer's report ending September 30, 2005 was accepted. The treasurer reported that Julian Zweber had requested reimbursement for MSBA Elder Law Section awards issued between 2004 and 2005 amounting to $406.11. The council upon motion approved his request.

5. Committee Reports:

a. NOMINATING COMMITTEE. The council discussed membership attendance and the need for the nominating committee to track council members' attendance at council meetings. For those members that have not regularly attended, the nominating committee will no longer follow up to see if the member wishes to join for another term. If a member misses three meetings within the member's term without good cause, that member is at risk of being removed from the council upon vote of the council.

b. WEBSITE UPDATE. The web site has a space for "What's New". The newsletter will highlight that section members can contribute to this part of the web site. The council members discussed the desirability of a brief bank. "Practiclaw.org" has a library maintained for each section that is coordinated through the MSBA.

c. NEWSLETTER. The committee is seeking article submissions by November 15, 2005 with the hope that the next newsletter will be issued shortly thereafter. After a lengthy discussion, council members agreed that the distribution of the newsletter will be disseminated as approved and reported in the September 16, 2005 Minutes at section 5c.

d. STRATEGIC PLANNING COMMITTEE. Nothing new to report. The next meeting will be held on December 12, 2005 at noon.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for December 20, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian Zweber presented handouts from Families USA and the Henry J. Kaiser Family Foundation regarding the pending federal changes in Medicaid laws. As chair, Julian has started a distribution list for the committee. The committee is working on drafting legislation to repeal the new irrevocable trust legislation.

g. AWARDS COMMITTEE: No activities are planned for the immediate future. Awards were presented by the committee to attorneys Marcus Stubble, Andy Brown, and Cathryn Reher and section law clerk Erin Furlong at the October 2005 Elder Law CLE.

h. BY-LAWS COMMITTEE:
i) The Restated Bar Association Bylaws require that the section select a voting member of the council and an alternate for the Assembly. Jennifer Wright was the 2005 delegate with Bob Russell as an alternate.

ii) The council discussed amending the section's bylaws to include the standing committees listed under Section 5 of these minutes (except for the web site committee). The council discussed having a written procedure for each committee so that the committees would be in place and active at the beginning of each new council year. It was also suggested that there be an appointed Chair and Vice Chair for each committee with the Vice Chair taking over after the chair has served for a year. The section decided to not write in the standing committees and instead to have the Chair confirm the structure of the council for each term.

iii) The council discussed writing into the section's bylaws that, although law students can be members, they do not have voting rights.

4. Request from MSBA - Katrina Relief: Kathy will send out an e-mail encouraging members of the Elder Law Section to donate but according to decisions made in the past, no funds will be forthcoming from our section in this regard.

5. The 2006 MSBA Convention planning. The theme of the 2006 MSBA Convention will be a policy track focusing on controversial themes. They would like committees to put forth proposals for consideration on policy issues. Some ideas were proposed, but no agreement was reached.

6. Survey of members: This was tabled.

7. Next Governing Council Meeting: The next Governing Council meeting will be January 13, 2006, at the MAO Office-2021 East Hennepin, Suite 200, Minneapolis, Minnesota, at noon.

8. The meeting was adjourned at 5:30 p.m.

Respectfully submitted,

Cathryn D. Reher


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

September 16, 2005

Present: Renee Anderson, , Cynthia Capin, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Thomas R. O'Connell, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on September 16, 2005, at the at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 12:10 p.m. by Chair, Kathy Eveslage.

2. Approval of the Minutes: The minutes for the July 8, 2005 council meeting were approved as written.

4. Treasurer's Report: The treasurer's report ending July 31, 2005 (?) was accepted.

5. Committee Reports:

a. NOMINATING COMMITTEE. Gina volunteered to be the Chair of the committee. The Council approved motions to make the Nominating Committee a standing committee as recommended by the Strategic Planning Committee and to amend the bylaws to reflect this change. The Nominating Committee will send an email message to section members indicating that they can be nominated to serve on Council Committees and subcommittees. The Nominating Committee, with the assistance of Kathy, will also survey the section membership to determine what CLE programs they would like in the future, what benefits they expect from section membership, etc.

b. WEBSITE UPDATE. Kim reported on new additions to the website. Kathy will advise Barbara Goldstein that Kim is working with MSBA on website changes.

c. NEWSLETTER. Jonathon extolled the virtues of Julian and Brigtta with regard to the last newsletter. Jonathon was named the new chair. A newsletter will come out in December that will allow electronic distribution of future newsletters with an opt-out form for those who would like to receive a paper copy. This will save substantial mailing costs.

d. STRATEGIC PLANNING COMMITTEE. Kathy appointed Monica as continuing chair. Current members will continue serving and we will solicit additional members from the section at large.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for October 18, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian reported on the activities of the Probate and Trust section and the Planned Giving Council with regard to the trust legislation. The Legislative Committee will continue to be the supervisor of the student clerk with Jennifer Wright as research coordinator and the Student Clerk Committee will continue as an ad hoc committee. Doug Debner will be the chair if he agrees to serve. The Council approved budgeting $4000 for the student clerk position.

g. PUBLIC EDUCATION COMMITTEE: [I don't have any notes about a report from this committee]

6. New Business:

a. Kathy has received a list of persons dropped from the section due to non-payment of dues. Council members were encouraged to remind their friends to pay their dues.

b. Reimbursement issues. MSBA is finalizing a form to be submitted when reimbursement of expenses is requested. Until then, requests for reimbursement can be sent directly to Dick. Bob suggested that the Council should reimburse mileage expenses for out-state Council members.

c. CLES. Nominating Committee with Kathy's assistance will survey membership regarding possible CLE programs. There was some discussion of having a future meeting of the Council out-state combined with a CLE program.

d. Awards Committee. The Council approved a motion to establish an Awards Committee as a standing committee and to amend bylaws to reflect same. Julian and Lori will serve on the committee along with past winners of the Goodrell award.

e. The next meeting of the Elder Law Governing Council was rescheduled and will be held at the MSBA offices on Thursday, November 17, at 3:30 p.m.

7. The Meeting was adjourned at approximately 1:30 p.m.

Respectfully submitted,

Kim Dayton
Cathryn D. Reher


MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

July 8, 2005

Present: Renee Anderson, Linda Bogut, Cynthia Capin, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Thomas R. O'Connell, Cathryn D. Reher, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on July 8, 2005, at the at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:40 p.m. by Chair, Kathy Eveslage.

2. Welcome New Members - Orientation: Chair Kathy Eveslage welcomed new members and reviewed the Elder Law Section mission statement.

3. Approval of the Minutes: The minutes for the April 8, 2005 council meeting were approved as written. Jennifer Wright noted that since our last meeting she learned that the Section representative will not attend the MSBA convention until 2006, although there will be training for the representative this year. She will act as representative unless Bob Russell is willing to do it.

4. Treasurer's Report: The treasurer's report ending May 31, 2005 was accepted. A proposed budget for Fiscal Year 2005-2006 was handed out for review and further discussion at the next council meeting. There is a $1,000 surplus from the Fiscal Year 2004-2005 with a few unpaid bills, including a final payment to the Section's law clerk. The third newsletter was budgeted for Fiscal Year 2004-2005, but will be covered under the Fiscal Year 2005-2006 budget. Members discussed that the new newsletter budget should anticipate at least one hard copy mailing of the newsletter to all Section members.

5. Committee Reports:

a. NOMINATING COMMITTEE. It was noted that there is not a standing Nominating Committee but the Strategic Planning Committee is recommending that one be created. The Council commended last year's committee on their selection process.

b. WEBSITE UPDATE. Kim Dayton will place Council information, such as meeting minutes and handouts on the Section's website. She will coordinate with MSBA for MSBA generated materials to be placed automatically on the website.

c. NEWSLETTER. Brigitta Sharpe has resigned as the Editor-in-Chief of the Section Newsletter. The Council needs a new Editor-in-Chief. The duties of the Editor-in-Chief primarily involve rewriting and editing articles, coordinating with persons submitting articles and completing lay out and design of the newsletter. Jennifer Wright will call Elizabeth Michaelis and Joel Mullen to determine their interest in this position. The next newsletter should be ready for publication within the next week. Council members Jonathan Dyrud and Julian Zweber are willing to contine to serve on the Newsletter Committee. Council members discussed that the first Newsletter for Fiscal Year 2005-2006 should include a coupon for members to indicate whether they want to receive future Newsletters by e-mail only or in hard copy. There are 45 Section members that do not have an e-mail address.

d. STRATEGIC PLANNING COMMITTEE. Members were given a handout entitled: Report of the Strategic Planning Committee Covering Council Activities for Fiscal Year 2004-2005 Including Recommendations for Council Activities for Fiscal Year 2005-2006. Monica Lewis made a presentation regarding the Committee's recommendations that were subsequently discussed by members. Kathy Eveslage will be contacting the chairs for the Standing Committees and bringing her recommendations to the next Council meeting. She will also prepare an e-mail for MSBA to disseminate to the Section members to determine member interest in serving on the various committees. This information will also be posted to the Section's website. Kim Dayton will prepare an article for an upcoming newsletter outlining committee opportunities. Members should come prepared to discuss the Strategic Planning Committee recommendations. The current Committee structures will be maintained until the next Council meeting.

Council upon motion did approve the formation of an ad hoc committee to review the Section's bylaws and recommend changes, including those to conform the bylaws to the MSBA governance requirements. Tom O'Connell, Sue Sandahl and Richard Hawke have all volunteered for this committee. Gina Nelson will be contacting non-Council members and determining their interest in joining the ad hoc committee.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for August 16, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: The Committee is on hiatus until the legislature reconvenes.

g. PUBLIC EDUCATION COMMITTEE: The committee continues to meet regularly. Updates to the outlines are in process. Preparation of public education materials on Medicare Part D will be the next focus for the committee.

6. MSBA - Bench & Bar Request : The MSBA Bench & Bar requested the Elder Law Section supply summaries of recent cases, legislative developments and emergent issues for its "Notes & Trends" section. The request was referred to the Newsletter Committee.

7. New Business: Upcoming meetings of the Elder Law Governing Council will be held at the MAO offices located at 2021 E. Hennepin Avenue, Suite 200, Minneapolis, MN and have been scheduled for: Friday, September 16, 2005 at 12 p.m. and Friday, November 18, 2005, at 3:00 p.m.

8. The Meeting was adjourned at 5:30 p.m.

Respectfully submitted,

Cathryn D. Reher


Governing Council, Elder Law Section
Annual Meeting
June 9, 2005


A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 9, 2005 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. Members present appointed Gina Nelson as acting chair and the meeting was convened at 5:00 p.m.

The following business was conducted at that meeting:

1. Approval of Minutes from 2004 Annual Meeting. Upon motion duly made and seconded, the membership voted to approve the Minutes from the 2004 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2005 was approved.

3. Annual Elder Law Institute. The Annual Elder Law Institute has been scheduled for October 20 and 21, 2005 at the Minnesota State Bar Association CLE Center.

4. Nominating Committee Report. Nominating committee chair Gina Nelson presented the slate of officer and governing council member nominees to replace some of the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

5. Election of Governing Council Officers and Members. Upon motion of the nominating committee chair Gina Nelson and seconded by Douglas Debner, the membership voted to approve and duly elect the slate of officers and council members to serve until their successors be elected and take office.

6. New Business. The next meeting of the Elder Law Governing Council will be held at 3:30 p.m. on July 8, 2005 at MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

7. Adjourn. There being no further business to come before the meeting, the meeting was duly adjourned at 5:17 p.m.


Respectfully submitted,


Cathryn D. Reher
Secretary, Elder Law Governing Council

 

Governing Council, Elder Law Section
April 8, 2005

Present: Douglas J. Debner, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Laurie A. Hanson, Monica Lewis, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber, Natasha Merz, Erin Furlong, Joel Mullen

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on April 8, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 12:15 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The approval of the February 11, 2005 minutes was deferred until the next Council meeting.

3. Nominating Committee: No action has been taken since the last Council meeting. Therefore the Council approved by motion to appoint Gina Nelson as Chair with Jennifer Wright and Lori Guzman as committee members. The committee chair is to e-mail the slate to the Elder Law Section membership by the end of May 2005, with notice to the membership in the next newsletter publication that the Council is looking for slate members.

4. Annual Meeting: The annual meeting of the Elder Law Section will be June 9, 2005 at 5:00 p.m. at the Minneapolis Convention Center following the conclusion of the first day of the MSBA Probate and Trust CLE.

5. Next Governing Council Meeting: The next meeting of the Governing Council will be July 8, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

6. MSBA Convention: The Council approved by motion to appoint Jennifer Wright as the Elder Law Section representative, with Robert Russell and Julian Zweber as alternates, to attend the MSBA Convention being held June 15-17, 2005.

7. Treasurer's Report: The treasurer's report for the period ending February 28, 2005 was approved by motion. The expenditure for the law clerk position is under the amount budgeted, but as a precaution, the Council approved by motion to authorize the Executive Committee to approve an overage of the budgeted amount if necessary. The law clerk expenditures should include an exit interview to be conducted by the Student Law Clerk Committee.

8. Committee Reports:

WEBSITE: Kim Dayton has updated the MSBA Elder Law Section website. E-mail her with suggestions for the website.
NEWSLETTER: Brigitta Sharpe and Jonathan Dyrud reported that the format for the newsletter to be issued by the end of May 2005 will be similar in format to the last newsletter and will include the following general topics: 2-4 main articles; "did you know" section; legislative update; updated MA/government program figures; upcoming events and announcements; web resources related to newsletter articles; and slate for 2005-2006 Council membership. Articles and information for the newsletter can be sent to brigittasharpe@hotmail.com.

STRATEGIC PLANNING: No report. The committee will be meeting to prepare a Council budget for 2005-2006 to be presented at the next Council meeting.

MEDICAL ASSISTANCE: The next meeting is scheduled for April 19, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

LITIGATION: No report.

LEGISLATION: Julian Zweber and law clerk Erin Furlong provided a legislative update. All proposed legislation in the Minnesota House and Senate that was presented at the last Council meeting is still pending.

PUBLIC EDUCATION: No report.

9. MSBA Elder Law Institute: Council members were asked to sign up if interested in assisting with the planning of the MSBA Elder Law Institute that is tentatively schedule for October 20 and 21, 2005.

10. New Business: Kathy Eveslage presented an update on legislation regarding creditor collection against vulnerable adults. Kathy also was looking for assistance at two upcoming talks she has regarding completion of health care directives. Cathryn Reher discussed a proposal from Sue Mattson of Wright County regarding the drafting of legislation to create an oversight board of the administrative appeals process. Jennifer Wright discussed an Elder Law Mentor Program to match law students with practicing attorneys.

11. Old Business: Law student Joel Mullen of the Hamline University School of Law introduced himself and will fill the vacant student member position through June 2005.

12. The Meeting was adjourned at 1:45 p.m.


Respectfully submitted,


Cathryn D. Reher

 

Governing Council, Elder Law Section
February 11, 2005

Present: Linda Bogut, Cynthia Capin, Kim Dayton, Douglas J. Debner, Kathy Eveslage, Erin Furlong, Lori L. Guzman, Laurie A. Hanson, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on February 11, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:40 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the December 10, 2004 council meeting were approved as written with a correction deleting the first sentence of the section entitled Public Education and Website Committee Report.

3. Treasurer's Report: The treasurer's report for the period ending December 31, 2004 was approved by motion. The Council approved by motion to authorize the Treasurer to approve the purchase a speaker system if the old system cannot be located or is outdated.

4. Committee Reports:

NOMINATING COMMITTEE: No action has been taken since the last Council meeting.

MEDICAL ASSISTANCE: The next meeting is scheduled for February 15, 2005 at Maser & Aumndson at 3:30 p.m. Cathryn Reher will look into whether the meeting place for the Medical Assistance Committee will be changed to the MAO Office.

LITIGATION: No report.

LEGISLATION: Julian Zweber provided the following materials with comment:

a. DHS proposed legislation to add to 501B.89 and expand Medical Assistance estate recovery to include recovery against certain trusts and annuities.
b. Secretary of Health and Human Services Mike Leavitt's Statement to the World Health Care Congress dated February 1, 2005.
c. Senate File No. 175; House File No. 66; and House File No. 214, which are different bills regarding repeal of Medical Assistance estate recovery provisions.

The Council's new law clerk Erin Furlong was introduced to the Council and attended part of the meeting. She will be employed by the Council through the end of the winter/spring 2005 semester.

PUBLIC EDUCATION: Richard Hawke will report to the Governing Council on behalf of the Committee Chairs. A Ramsey County Bar Association Senior Issues CLE is scheduled for February 17, 2005. Barbara Blumer will be presenting the topic "Navigating HIPPA".

WEBSITE: Kim Dayton has registered the domain name "mnelderlaw.com" for use by the Council. She would have the ability to scan documents for distribution to Council members. Members confirmed that we do not have a list serve for the Council but only a list of Council members' e-mail addresses.

STRATEGIC PLANNING: No report.

NEWSLETTER: The newsletter is postponed until mid-March 2005 so that the 2005 legislative updates can be included. This will be the final issue that Brigitta Sharpe will help prepare.

5. New Business:

a. Estate List serve issues. Michael Trittipo of the Minnesota State Bar Association notified the Chair of concerns raised by a section member about the discussion of sensitive topics on the Estate List serve and inquiring whether the Council wanted to respond to the concerns. Council members were not opposed to including a disclaimer that the list serve is a forum for public discussion, but did not think such a disclaimer was necessary.

b. Practicelaw.org - Elder law forms. Tabled.

c. Law Day - May 1, 2005. Members interested in participating should contact Lori Guzman.

d. Lorman Education Services. If anyone is interested in putting together a Medical Assistance program for late spring/early summer, contact Lori Guzman for more information.

e. Annual Meeting. Tabled.

6. Old Business: Council approved by motion having law student Joel Mullen of the Hamline University School of Law fill the vacant student member position through June 2005 if he is interested.

7. Upcoming CLEs:

a. Minnesota CLE - MA Planning for Persons Under Age 65 - March 14 - Minneapolis
b. PESA - Elder Law & Special Needs Trusts - April 22 - Bloomington
c. DARTS - Eliminating Bias & the Elderly Client - May 19 - West St. Paul.

8. Meetings: The next meeting is on Friday, April 8, 2005 at 12:00 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

9. The Meeting was adjourned at 5:10 p.m.


Respectfully submitted,


Cathryn D. Reher

 

Governing Council, Elder Law Section
December 10, 2004

Present: Vicki M. Ahl, Robert Collins, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Sharon Kirts, Lynn P. Lindsay, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on December 10, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 12:25 p.m. by Kathy Eveslage.

2. Approval of the Minutes: The minutes for the October 14, 2004 council meeting were approved with a clarification that one of the uses of a section web site could be a public directory of elder law attorneys.

3. New Business: The Chair Lori Guzman appointed Vicki Ahl chair of the Nominating Committee to select Council Members for 2005. Jeff Schmidt has agreed to be a member of the committee. The committee will determine if a non-member, such as Lisa Bowen would be willing to serve on the committee.

4. Treasurer's Report: The treasurer's report was approved.

5. Committee Reports:

MEDICAL ASSISTANCE: The next regularly scheduled meeting is December 21, 2004 at the law firm of Maser & Amundson.

LEGISLATIVE: The Committee is awaiting the Governor's budget on Medical Assistance. Representative Fran Bradley will be heading up the Health and Human Services Policy and Finance Committees. Senator Berglin will head up the Health and Human Services Finance Committee and Senator Loury the Health Care Policy Committee. Monitoring possible repeal of Medical Assistance estate recovery legislation.

LITIGATION: Case pending in Ramsey County District Court challenging Medical Assistance claim against life estate with anticipated hearing on December 14, 2004.

PUBLIC EDUCATION AND WEBSITE: Meetings of the Committee are no longer being held in St. Paul proper. The next meeting will be held at Hamline University School of Law. Barbara Blumer may be a speaker at next meeting to discuss HIPAA laws. AARP continues to express an interest in coordinating with the Council on a Medical Assistance public education program. Betty Berger and Barbara Goldstein co-chair the committee. Concern was raised about having a liaison with the Council and Sharon Kirts will follow up with Barbara Goldstein on this.


NEWSLETTER: The Council approved by motion official recognition of Brigitta Sharp's extensive efforts with the section newsletter. The next newsletter is scheduled for January 2005 and Brigitta is committed to assisting the committee through that publication. The Committee has decided there will be four annual publications, with two larger publications and two shorter ones. Suggested inclusions in the newsletters would include: 1) 2 substantive articles; 2) links to pertinent web sites; 3) legislative update; 4) updated Medical Assistance figures; 5) current interest/practice tips; and 6) announcements of upcoming events. Committee suggestions for additional subjects included: 1) favorite resources; 2) elder law calendar; 3) contact source for members to give feedback and input on the newsletter. The Council approved by motion the mailing of the next newsletter to all section members and electronic mailing to small, solo, and young lawyers. Subsequent newsletters would be electronically sent to section members or by mail upon written request.

STRATEGIC PLANNING: The committee adopted the Council's budget recommendations but otherwise had nothing new to report.

6. Upcoming CLEs and Educational Opportunities. The Minnesota State Bar Association Medical Assistance CLE is scheduled for March 14, 2005. In February 2005, the Real Estate and Probate Sections will have a session on Medical Assistance and there is a ProBono CLE that will focus on disadvantaged clients. DARTS in Dakota County offers CLE credits on various topics for attorneys and financial planners.

7. Old Business:

Web site Design. Kim Dayton contacted the MSBA regarding upgrading the web site for the section. There is no charge to maintain the site. It is possible to modify aspects of the site. Next year section announcements will automatically be incorporated. Articles can be added in compressed format to the web site at a charge of about $25 an hour. There is no way to password protect the site. The approved budget should be sufficient to cover costs. The goal is to redesign the site and provide good content in order to create a culture of use. Kim did not yet specifically investigate creation of an elder law attorney directory. The Council approved by motion Kim's continued discussions with the MSBA about improving the web site. Sharon Kirts will contact Barbara Goldstein about the web master position and any desire for assistance.

Law Clerk Position. Julian Zweber is the Chair and Jennifer Wright is the Vice Chair for the Law Clerk Hiring Committee. The Committee submitted a written report dated December 10, 2004. Twenty applicants applied for the law clerk position and there are 8 potential candidates. The law clerk position will hopefully be filled before January 20005 with the law clerk's start date the second week of January 2005. Julian would supervise legislative work and Jennifer would supervise legal research projects. The council approved by motion: 1) the law clerk job description; 2) the screening of applicants; 3) authorization of the committee to hire a law clerk; authorization of the committee to pay the law clerk with a budget cap of $4,000 ($1,000 in excess of the Council's previously approved budget); 4) the committee's supervisory role of the law clerk with reports by the Chair to the Council. Tabled until the next meeting is the law clerk's reporting requirements to the council.

Council opening/student position. The Council approved motion tabling this agenda item until the next Council meeting.

8. Meetings: The next meeting is on Friday, February 11, 2004 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, MN 55413.

9. The Meeting was adjourned at 1:50 p.m.


Respectfully submitted,


Cathryn D. Reher

 

Governing Council, Elder Law Section
October 14, 2004

Present: Vicki M. Ahl, Robert Chesley, Kim Dayton, Douglas J. Debner, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, David Kuehner, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Ray Peterson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on October 14, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 5:00 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the July 9, 2004 council meeting were approved on motion with correction of the "Martin" case to the "Marten" case.

The Council approved motion tabling the following agenda items until the next Council meeting.
a. Nominating Committee - Appoint Chair and Committee Members:
b. Committee Reports:
MEDICAL ASSISTANCE:
LITIGATION:
LEGISLATION:
PUBLIC EDUCATION AND WEBSITE:
NEWSLETTER:
c. Elder Law Institute - October 14 and 15, 2004:
d. Old Business:

3. Future Governing Council Meetings: The Council approved by motion the following meeting schedule:

December 10, 2004 12:00 p.m. MSBA Office
February 11, 2004 3:30 p.m. MAO Office
April 8, 2004 12:00 p.m. MAO Office
June 10, 2004 3:30 p.m. MAO Office

Meetings at the MAO Office are contingent on completion of remodeling at the site and adequate phone conferencing ability. The MAO office is located at 2021 E. Hennepin, Suite 200, Minneapolis, MN 55413. The contact at MAO is Monica Lewis.

4. Treasurer's Report and Strategic Planning Committee: The budget process was delegated to the Strategic Planning Committee. The third page of the Treasurer's report reflected the Strategic Planning Committee's proposed budget. The treasurer's report, copy attached hereto, was approved on motion with proposal for discussion of future development line items.

Council approved motion to allocate $1,000 towards web site development with Kim Dayton to coordinate discussions with the MSBA and report back. The web site is intended to create a public directory of elder law attorneys.

Council approved motion to allocate $3,000 towards retention of law clerk. Council approved motion to establish law clerk subcommittee. Lori Guzman appointed Julian Zweber as Chair of the subcommittee and Gina Nelson, Jennifer Wright and Doug Debner as subcommittee members.

5. New Business: Gina Nelson was a student member of the Council and has now graduated. Lori Guzman will check the Bylaws to see if Gina can be promoted to a voting member. Robert Eaton has resigned and there is currently a vacancy that Gina could fill. Gina will also see if she can find another student that wants to participate as a student member.

Jennifer Wright indicated that AARP is putting together long term care education seminars and would be interested in working with the Council.

6. Meetings: The next meeting is on Friday, December 10, 2004 to be held at 12 noon at the MSBA office.

7. The Meeting was adjourned at 6:05 p.m.


Respectfully submitted,


Cathryn D. Reher

 

Governing Council, Elder Law Section
July 9, 2004

Present: Linda Bogut, Stuart C. Bear, Kathy Eveslage, Lori L. Guzman, Laurie Hanson, Richard D. Hawke, Bonita Kallestad, Sharon Kirts, Monica Lewis, Lynn P. Lindsay, Raymond J. Peterson, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber


1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on July 9, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 12:15 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the Annual Meeting held on June, 17, 2004 were approved as written.

3. Treasurer's Report: The treasurer's report was accepted. The proposed budget has been referred to the strategic planning committee.

4. Committee Reports:

MEDICAL ASSISTANCE: Jeff Schmitz reported that they continue to meet every other month. Next meeting is July 17th at Kris Maser's office in Richfield.

LITIGATION: No official report. Bob Collins agreed to be temporary chair and is keeping track of things.

Julian Zweber talked about what is happening in the Martin case in Todd County. Which started as an appeal of an administrative decision (in which the appeals referee would not hear constitutional issues and upheld the county's decision) in district court by a life tenant challenging the imposition of a Medical Assistance lien on a life estate interest. The court allowed the remainderman to intervene in the law suit. The life tenant died after the law suit was commenced, mooting the appeal. Now the plaintiff son agreed to withdraw the appeal and has filed a declaratory judgment action. The (potential) NPC is being challenged on constitutional grounds, one of which is impairment of contract. They are also challenging the use of the mortality table as a rebuttable presumption when the figures have no basis in fact. The retroactive application of the law is also being challenged. The issue now is whether or not there is a dispute that can be litigated. (Ripeness issue because the NPC has not yet been filed). It probably is ripe because the claim goes on forever, even if the NPC has not been filed, even to the point where it could be traced to bona fide purchasers.) Join the litigation committee for updates. The attorneys are litigating this pro bono.

LEGISLATION: Julian Zweber reviewed what happened in the legislature this past session. The life estate/joint tenancy law was not repealed or amended. Julian sent a letter to Senator Berglin thanking her for changing her position with regard to the life estate/joint tenancy laws and requested that she publicly withdraw her support for the waiver request. Julian asked if there was anyone interested in joining the committee. Notify Julian by email julianzweber@qwest.net if you are interested in joining the committee (and the litigation committee as well.)

PUBLIC EDUCATION AND WEBSITE: Discussed ideas for use of funds to put on the web site including an elder law attorney directory and a forms directory for current Medical Assistance forms. Lori Guzman reported that she can get an electronic list of the members and also find out if we can publish such a directory. She will give this information to the strategic planning committee and they will include it in a budget line item. We will take this up as a group at the next meeting. We discussed that there is no elder law category on the bar's referral: www.mnfindalawyer.com. The question is, should there be? Or should there be some other category that would be more helpful to the public.

STRATEGIC PLANNING: Julian Zweber, Jeff Schmitz, Kathy Eveslage, Jennifer Wright and Monica Lewis are on this committee and are going to meet soon to discuss next year's budget. The committee will come back to the September meeting with a budget. Monica asked the council for suggestions about the use of our money? Do we want to do any public education? An educational luncheon for lawyers? What special projects do we want to do? We discussed the directory (see above), supporting the education committee projects in St. Paul. Also the outlines are on the web sites from those seminars. Monica will send the mission statement out to everyone and ask for suggestions.

NEWSLETTER: Julian Zweber, Vicki Ahl, Sharon Kirts, Jonathan Dyrud are on the newsletter committee. Committee members need to advise the editors as to the topics of the next newsletter and who should be contacted.

NOMINATING COMMITTEE: Lori wants to get that started right away. A slate needs to be ready by next March. This was deferred to the September meeting.

5. New Business: The Elder Law Institute is October 14 and 15.

Moved and seconded that Julian Zweber will chair the nominating committee from Mary Alice Gooderl award.

We then discussed whether or not to change the time and place of the Governing Council meeting and decided that the next meeting should be on Thursday evening, October 14, 2004 after the Thursday session of the MSBA Elder Law Institute. We are thinking about having meetings in October and February in conjunction with the Elder Law Institute and the Medical Assistance seminar. We will talk about this at the meeting in October.

6. Old Business: None.

7. Meetings: THE NEXT MEETING IS THURSDAY EVENING OCTOBER 14, 2004. INFORMATION ON TIME AND PLACE WILL BE FORTHCOMING.

8. The Meeting was adjourned at 1:45 pm


Respectfully submitted,


Laurie Hanson for
Secretary Cathryn D. Reher

 

Governing Council, Elder Law Section
Annual Meeting
June 17, 2004


A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 17, 2004 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. The members present at the meeting constituted a quorum under the By-Laws for the Elder Law Section. The meeting was called to order at 12:30 p.m. by the chair of the section, Lori L. Guzman.

The following business was conducted at that meeting:

1. Approval of Minutes from 2003 Annual Meeting. Upon motion duly made and seconded, the membership voted to approve the Minutes from the 2003 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2004 was approved.

3. Annual Elder Law Institute. The Annual Elder Law Institute has been scheduled for October 14 and 15, 2004 at the Minnesota State Bar Association CLE Center.

4. Nominating Committee Report. Nominating committee chair Tom O'Connell presented the slate of officer and governing council member nominees to replace all of the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

5. Election of Governing Council Officers and Members. Upon motion of the nominating committee chair Tom O'Connell and seconded by Julian Zweber, the membership voted to approve and duly elect the slate of officers and council members to serve until their successors be elected and take office.

6. New Business. The next meeting of the Elder Law Governing Council will be held at the Minnesota State Bar Association office on either July 9, 2004 or July 16, 2004 and clarification as to the date is required. Members were encouraged to review the recently published Spring 2004 Elder Law Newsletter. Coordinating nominations for the Mary Alice Gooderal award was discussed. Richard Hawke thanked retiring members and the nomination committee for its efforts.

7. Adjourn. There being no further business to come before the meeting, the meeting was duly adjourned at 3:40 p.m.


Respectfully submitted,


Cathryn D. Reher
Secretary, Elder Law Governing Council


- Last Updated 03/02/2014 -

 

 

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