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E-Newsletter of March 27, 2012 | Vol. 4, No. 63


[Editor’s Note: In the March 13, 2012 newsletter, Peter M. Hendricks submitted a summary of In re Estate of Donald K. Ruddick. The order and memorandum are posted on the Elder Law section page on the MSBA site (Links/Resources à Reports, Guides and Memoranda) To see the documents, click here. Thank you, Peter, for the submission and for sharing those documents. –Allison Burke]

Item of Interest


New Study Group

A new elder law study group has been formed. The group meets once a month in St. Paul, currently at 1 W. Water Street, Suite 275, from 12-1 p.m. the second Thursday of each month.

Topics covered so far have included:

Julian Zweber -MA applications
Monica Lewis- Volunteers of America Elder Law Services
Sandi Putnam of Washburn-McReavy Funeral Chapels-Preplanning funerals

To join please contact: Susanne “Anne” Starr ( 651-210-7060) or Barb Forshier ( 612-236-5261)

Submitted by Barb Forshier, Esq.


Link of the Week


The Elder Law Journal
The Elder Law Journal is an academic journal published biannually by the University of Illinois College of Law.  It is the oldest scholarly journal in the country dedicated to elder law issues.  Articles address policy decisions and other areas of interest for practicing attorneys. The archive of past publications includes the names of articles, authors, and a brief synopsis of their content area so you are able to find issues of interest. To visit the journal’s website, click here.

Submitted by Brenna Galvin

Elder Law News


Health beat: A helping hand for men who give care | Star Tribune

Minnesota seniors facing a spike in long-term care cost | Star Tribune

Six keys to long-term care coverage | Reuters

Submitted by Joel Smith, Esq.

Elder Law Cases

In re the Estate of: William F. Krebes, Decedent. (Filed March 26, 2012)
Appellant Lynn Krebes-Lufkin challenges the Dakota County probate court (Dakota County) order denying her objection to, and requested dismissal of, a petition for spousal-share election filed by respondent Alternate Decision Makers, Inc., the appointed conservator of the deceased’s surviving spouse. Appellant argues that the court erred by concluding that appellant was not entitled to notice of the Hennepin County elective-share proceeding or an opportunity to be heard in that proceeding. We affirm in part and reverse in part.
Opinion is available here.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010).

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

There are no statutes, regulations or bulletins to report this week.

Upcoming Events and CLE Programs

Mark your calendars!  April 16 is NHDD
The Elder Law and Estate Planning Society and the Center for Elder Justice and Policy at William Mitchell will again host an all day public event on April 16 to facilitate end-of-life health care planning.  

From 9 am to 5 pm Monday, April 16, students and volunteer attorneys will provide free assistance to anyone who wants to complete an advance health care directive, which legally documents a person’s health care wishes so family and physicians will know exactly what medical procedures should or should not take place if the person is unable to communicate.

It takes less than an hour to complete the form, which may include preferences about special end-of-life treatments and pain management, directions about funeral arrangements and organ donation, and more.

The event is part of the fifth annual National Healthcare Decisions Day, in which health care providers, attorneys, and others will participate in a national effort to highlight the importance of advance health care decision-making. National Healthcare Decisions Day at William Mitchell is sponsored by the Elder Law and Estate Planning Society and the Center for Elder Justice and Policy at William Mitchell College of Law.

Submitted by Andrea Palumbo, Esq.


What: World Elder Abuse Awareness Day
When: Wednesday, June 13, 2012 from 8:00am – 5:00pm
Where: William Mitchell College of Law
Auditorium and Classrooms for Breakout Sessions
875 Summit Avenue
Saint Paul, MN 55105
Cost: FREE!

Submitted by Suzy Scheller, Esq.
Elder Law Section Chair


The Hamline University School of Law Health Law Institute will be offering ELDER LAW in a compact format from June 16 to 21.  The course qualifies for 2 law school credits or 24 CLE credits.  To learn more, click here. 

The Health Law Institute is also offering four other courses in the same format in the same time-frame:

Health Reform: A New Age of Regulatory Enforcement (1cr)
Health Reform: Insurance Plans, Exchanges, and Mandates (1cr)
(Un)Healthy Choices: Tobacco, Obesity, and Beyond (2cr)
Health Care Compliance Summer Institute (3cr)

Submitted by Thaddeus Pope, J.D., Ph.D.
Director, Health Law Institute
Associate Professor of Law
Hamline University School of Law

Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, April 17, 2011. The Medical Assistance Committee is a study group to analyze Elder Law Section member questions and case studies and to discuss administrative policies and procedures in relation to Medical Assistance in Minnesota.  Cathryn D. Reher of Long, Reher & Hanson, P.A., is Committee Chair.  For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A., at 952-929-0622 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to under the subject heading “MA Committee Topic”, or faxed to 952-542-9201. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418. The meeting takes place in the building’s conference room. There are a few parking spaces behind the building and lots of street parking. People should walk to the back of the building and come to the back door which faces directly into the meeting room.

GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, April 20, 2011 at 3:30 pm at the offices of the Volunteers of America (VOA) at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Suzy Scheller, Chair, at:


Elder Law Website


DON'T FORGET THAT THE ELDER LAW WEBSITE IS A GREAT RESOURCE. Here’s what you can find on the Website:  Links to the DHS Health Care Programs Manual, the DHS Bulletin on treatment of uncompensated transfers, the Minnesota Bankers Association Compliance Bulletin on Powers of Attorney, legislative summary; Practice Links to organizations such as NAELA, ABA Commission on Law and Aging, Links to Federal and State Government Agencies, Statutes, and Regulations; Meeting Notices, Listings of Officers and Council Members, Section Bylaws, and more.


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