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E-Newsletter of May 29, 2012 | Vol. 4, No. 72



Link of the Week


Are you assisting your clients to make sure that someone can handle online accounts when they die? Are they leaving password and username information? In 2010, Oklahoma became the first state to pass a law giving personal representatives the power to access, administer, or terminate the online social media accounts of the deceased. Two other states -- Nebraska and Oregon -- are now considering similar laws. Under Oklahoma's law, the executor automatically has the power to act on behalf of a deceased individual and access a Facebook, Twitter, or e-mail account. The executor does not have to go to court to get access to such accounts. There are some websites that help people plan these issues. For more information, click here..

Submitted by Laurie Hanson, Esq.

Elder Law News


Easy Targets: Elder Abuse | MSNBC

Elder Abuse on The Rise | Northland News Center

Easy Targets: Elder Abuse | Northland News Center

Elder Abuse: Part 2 | Northland News Center

Report shows more children being raised by relatives | Echo Press

Kinship Care on the Rise--more than 2.7 million children in America were raised by grandparents or other relatives at some point in their lives | KAAL

Retirement redefined: Number of Anoka County seniors expected to grow | ABC Newspapers

Health beat: Caring for those with dementia | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

There are no new cases to report this week. 

Elder Law Statutes, Regulations, and Bulletins

The following appeared in the State Register on May 21, 2012:

Department of Transportation (MnDOT)
Office of Transit
Planning, Modal and Data Management Division
Notice of Intent to Release Applications to fund Public Transit Participation
Program, Job Access and Reverse Commute Grant and New Freedom Grant for
2013; Elderly and Persons with Disabilities Capital Grant Program

The Minnesota Department of Transportation (MnDOT) Office of Transit is releasing applications for four publicly funded transportation programs:
· Public Transit Participation Program
· Job Access and Reverse Commute Grant
· New Freedom Grant
· Elderly and Persons with Disabilities Capital Grant Program
Applications will be posted by June 4, 2012 on the MnDOT Office of Transit Website at:
The Elderly and Persons with Disabilities Capital Grant Program, FTA Circular 9070.1, is a capital assistance grant program providing 80 percent funding for the purchase of wheelchair-accessible buses for private non-profit organizations to serve elderly and/or people with disabilities, public bodies that coordinate services for the elderly and people with disabilities, or any public body that certifies to the State that non-profits in the area are not readily available to carry out the services provides federal (Section 5310) financial assistance for public transit services to eligible recipients, which include:

a. a private non-profit organization, if public transportation service provided by State and local governmental authorities under
Section 5310(a)(1) is unavailable, insufficient, or inappropriate; or
b. a governmental authority that:
(1) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or
(2) certifies that there are not any non-profit organizations readily available in the area to provide the special services.
The code assigned to the Section 5310 program in the Catalogue of Federal Domestic Assistance is 20.513.

Application Workshops will be held at the following locations to provide additional information on these four transportation programs:
Mankato MnDOT Office – 2151 Bassett Drive, Mankato, MN 56001
Wednesday, June 13, 2012 - 9:00 am to 4:30 pm
Bemidji MnDOT Office – 3920 Highway 2 West, Bemidji, MN 56601
Wednesday, June 20, 2012 - 9:00 am to 4:30 pm
St. Cloud MnDOT Office – 3725- 12th St. North, St. Cloud, MN 56303
Wednesday, June 27, 2012 - 9:00 am to 4:30 pm
*St. Paul Highway Federal Credit Union, 840 Westminster Street, St. Paul, MN 55130
*Monday, June 11, 2012 - 1:00 pm to 4:00 pm
*Workshop designed for 5310 Applications Only.
Applications for the Elderly Persons with Disabilities Capital Grant Program must be mailed to MnDOT’s Office of Transit and postmarked no later than 4:00 p.m. Central Daylight time on September 28, 2012 For further information, please contact:

John Groothuis
395 John Ireland Blvd., MS 430
St. Paul, MN 55155
Phone: (651) 366-4187


On May 16, 2012 MN DHS announced the following:

DHS launches ApplyMN online application for assistance programs. ApplyMN for the first time provides single online application for health care, food and other assistance programs. To view the announcement, click here, and to visit the application website, click here.

Additionally, DHS submitted its final proposal for Re-designing Integrated Medicare and Medicaid Financing and Delivery for People with Dual Eligibility in Minnesota. To view the proposal, click here.
Public comments are due to by 5p.m. EST May 31, 2012.

Submitted by Marit Anne Peterson, Esq.

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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