You're receiving this newsletter as a member of the MSBA Elder Law Section.

No longer interested? Unsubscribe. Having trouble viewing this email? View it in your browser.
Click here to view a printable PDF of this week's e-newsletter.

MSBA Section Banner

E-Newsletter of July 26, 2011 | Vol. 4, No. 29



Message From the Chair


Thank you to the following members who have agreed to serve as Chairs of the respective Committees for the Elder Law Section for the 2011-2012 season:

Elder Law Section Committee Chairs for 2011-12

Awards Committee: Julian Zweber and Stuart Bear 
Bylaws Committee: Dick Hawke and Tom O’Connell* 
Communication Committee: Laurie Hanson*  
Education Committee: Sally Mortenson 
Law Student Committee: John Kantke and Laura Orr  
Legislative Committee: Julian Zweber 
Medicaid State Plan: Stuart Duering* and Tom O’Connell* 
Medical Assistance:  Cathryn Reher 
Newsletter Editor: Marjorie Austin  
Nominations Committee: Dan Steinhagen 
Pro Bono Committee: Kristine Mullman (until new NHDD Chair is known) 
Strategic Planning Committee: Vicki McIntyre  
Vulnerable Adult Committee: Ken LaBore

* indicates committee chairs who are ex-officio (non-elected) members of the council

MSBA Assembly representative:
Lori Skibbie

MSBA Alternate
Laura Zydchnec

Submitted by Suzy Scheller, Chair
Elder Law Section


Item of Interest


Announcement of Elder Law Survey

Are you an attorney practicing elder law?  Would you like help shape recommendations for the field's future development?  Do you have ideas about how to train the next generation of elder law attorneys?  If so, please consider participating in a new online survey on elder law education. 

The online survey is part of Phase II of a multi-year study on elder law education being conducted with support from the Borchard Foundation Center on Law and Aging.  The study seeks to better understand the field of elder law, to identify the kinds of training that would benefit law students and lawyers wishing to practice in the field, and to formulate recommendations for the field’s future development.  Phase I findings (which were made possible by many Section members participating in an earlier survey) were published in the Journal of Legal Education in 2010 here.  Phase II is designed to build upon those findings with recommendations for the field’s future development. 

The co-principal investigators for this study are Nina Kohn (Associate Professor of Law, Syracuse University College of Law) and Edward D. Spurgeon (Executive Director, Borchard Foundation Center on Law & Aging).   If you have questions about the survey, please contact Professor Kohn at

Submitted by Jennifer L. Wright, Esq.


Link of the Week


National Senior Citizens Law Center

The National Senior Citizens Law Center has a series of issue briefs focused on Medicaid payment for assisted living.  NSCLC attorneys argue that many common practices, such as assisted living providers refusing to accept EW for assisted living residents who have spent down their resources, are not permitted under federal Medicaid law.  

Additional information is available at:

Submitted by Jennifer L. Wright, Esq.


Elder Law News


Tour of Cottages raises funds for Elder Network | Echo Press

Health and human services budget cuts worry providers | MPR

What is adult foster care? | Inforum

Hospice Companies Zero In On Nursing Home Patients | NPR

Younger disabled still stuck in aged care | ABC News

At 88, A Chance To Be Independent Again | NPR

Elder Law Cases

The following published decision was released by the Minnesota Court of Appeals on July 18, 2011:

In the Matter of the Petition of Beachside I Homeowners Association, a Minnesota non-profit corporation, For a New Certificate of Title AfterForeclosure of Assessment Lien.

Minn. Stat. § 524.3-101 (1990) provides that statutorily defined heirs obtain a vested interest in the estate of a person who dies intestate immediately upon that person’s death.  A probate proceeding to determine the heirs is not required.

 The decision is available here.

The following unpublished decision was released by the Minnesota Court of Appeals on July 18, 2011:

In re the Guardianship and Conservatorship of Myra Georgianna Jaekel

WORKE, Judge

Appellant challenges the district court’s appointment of a conservator over his wife’s estate, arguing that: (1) the district court failed to comply with statutory requirements in appointing and refusing to remove the conservator; (2) the district court abused its discretion in awarding attorney fees; (3) the district court erred by refusing to address his ex parte motion; (4) the district court erred by issuing a contempt order; and (5) respondents committed fraud upon the district court.

We affirm.

The decision is available here.

Unpublished opinions may not be cited except as provided by Minn. Stat. Section 480A.08, Subd. 3 (2009).

Elder Law Statutes, Regulations, and Bulletins


There are no Statutes, Regulations, or Bulletins to report this week.


Upcoming Events and CLE Programs


Minnesota State Bar Association
2011 Probate & Trust Law Section Conference
August 30, 2011

Minnesota CLE
2011 Elder Law Institute
SAVE THE DATE: October 6 and 7, 2011
The Elder Law Institute (ELI), a collaboration between the MSBA’s Elder Law Section and Minnesota Continuing Legal Education, is an annual conference designed to provide educational and networking opportunities for attorneys and others interested in the practice of Elder Law.  The ELI offers a wide range of educational programming, ranging from discussions of nursing home and Medical Assistance issues to legislative updates and policy analysis.  ELI Attendees receive from nine to eleven Continuing Legal Education credits, depending upon the length of the conference.
Stay tuned for more information and online registration.


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 16, 2011.  Topics for the meeting may be submitted to MA Committee Chair, Cathryn Reher, at, or faxed to 952-542-9201. For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A. at 952-929-0622.  Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418. 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 3:30 p.m. on Friday, August 19, 2011.  The meeting will be held at Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418.  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.  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 Elder Law Section 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.

Go to the Section Website Header