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E-Newsletter of May 22, 2012 | Vol. 4, No. 71



Link of the Week


Katie Beckett, of the “Katie Beckett Waiver,” Passes

In 1981, President Reagan made an exception in Medicaid law and allowed then 3 year-old Katie Beckett to receive care at home. Katie had been paralyzed and required a ventilator after seizures resulting from encephalitis. Exceptions like the one made for Katie became more common across the country, and these waivers were known as “Katie Beckett waivers.” These waivers were the basis for TEFRA, a Medicaid exception made for parents of disabled children who have too much income for other Medicaid services. To read more about Katie’s life and advocacy, click here.

Submitted by Laurie Hanson, Esq.

Elder Law News


Conference on Aging is June 6 at Staples campus of CLC | Echo Press

Clearing up confusion about palliative health care | MPR News

Minnesota nursing home LPNs diverted painkillers, state says | Pioneer Press

Investigators: Nursing license loophole | FOX 9

Final Exit Network charged in 2007 Minn. Suicide | FOX 9

Submitted by Joel Smith, Esq.

Elder Law Cases

Minnesota Court of Appeals decision filed May 21, 2012


Marine Credit Union, Appellant, vs. Anne K. Detlefson-Delano, Respondent; Jack Antonio, Respondent

Judge Terri J. Stoneburner.

When one spouse validly conveys all of his or her interest in a marital homestead to the other spouse in a quitclaim deed, a subsequent mortgage signed only by the grantee spouse is valid.

From the Opinion:  

Appellant mortgagee challenges dismissal of its mortgage-foreclosure action due to lack of respondent mortgagor’s husband’s signature on the mortgage. Because mortgagor’s husband validly conveyed, without limitation, all interest he had in the property before mortgagor signed the mortgage, the district court erred by concluding that husband’s signature was required on the mortgage, and we reverse.

The opinion is available here.

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

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, June 26, 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, June 15, 2011. The Annual Meeting will begin at 3:30 pm, and the Governing Council meeting will follow. The meetings will be held 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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