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E-Newsletter of January 8, 2013 | Vol. 6, No. 1

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Link of the Week

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National Highway Traffic Safety Administration (NHTSA).
The NHTSA website has information for Senior Drivers (follow the “Senior Drivers” link under “Driver Education” on the NHTSA website).  There are resources for people around older drivers that may be useful for clients or their families.  Also, the website gives insight in how to have a discussion with the elder about safe driving, how to adapt a vehicle for older drivers, or how to gracefully give up driving. To visit the site, click here.

See also:
The following Information Brief regarding low-power vehicles (like scooters, golf carts, wheelchairs, etc.) from the Research Department of the MN House of Representatives (October 2012). To view the brief, click here.

Submitted by Jill Sauber
Law Student Liaison to the Elder Law Section 
jillsauber@yahoo.com

 

 

Elder Law News

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'Medi-scare:' Behind the sinister fundraising mailers sent to Minn. Seniors | MPR News

MDH: Nursing Home Staffer Stole Patient’s Oxycodone | CBS MN

Help at hand when elderly relative's health fails | MPR News

Submitted by Joel Smith, Esq.
joel@koslawfirm.com




Elder Law Cases

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Minnesota Court of Appeals Published Opinions of December 24, 2012:

In re the Trust of James Bernard Spencer Irrevocable Trust Kathleen M. Mosloski, et al., petitioners, Respondents, vs. Kevin Spencer, et al., Appellants.
A12-0565

Dakota County District Court, Hon. Judge Karen Asphaug.  
Because the grantor of a trust reserved to himself a testamentary power of appointment that could be exercised only in his last will and testament, the grantor did not validly exercise the appointment power by executing a document that does not state that it is a will, does not resemble a will, and does not reflect the intent necessary to create a will.
Reversed and remanded. Chief Judge Matthew E. Johnson. To read the case, click here.

 In re the Estate of: Ronald Earl Jones, Deceased.
A12-0828

Anoka County District Court, Hon. Sean C. Gibbs.
When there is unrebutted evidence that the contributing account holder intended funds from a joint account to be used by the noncontributing account holder, the probate court does not err by excluding from the contributing account holder's estate funds withdrawn by the noncontributing account holder prior to the contributing account holder's death.
Affirmed. Judge Terri J. Stoneburner. To read the case, click here.

Minnesota Court of Appeals Unpublished Opinions of December 24, 2012:
 
In re the Guardianship and Conservatorship of Scott W. Roberts, Ward and Protected Person.
A12-0701

RODENBERG, Judge
In this guardianship appeal, appellant-ward challenges a district court order appointing respondents as guardians and limited conservators. Appellant argues that, although the evidence supports his diagnosis of frontotemporal dementia, it does not support a finding that he is presently incapacitated so as to warrant a guardianship or conservatorship. We affirm. To read the case, click here.

Stephen L. Vollmer, as Personal Representative of the Estate of Ula L. Lagergren, Respondent, vs. Richard R. Lagergren, Appellant.
A12-0651

STAUBER, Judge
This is an appeal from the denial of appellant's motion for judgment as a matter of law (JMOL) following a jury's determination that his wife was mentally incompetent at the time she purportedly deposited substantial sums received from her deceased brother's estate into a bank account that she held jointly with appellant. Appellant argues that the district court erred by denying his motion for JMOL because, under the presumptions established in the Minnesota Multiparty Accounts Act (MPAA), he is entitled to the joint accounts as the survivor, unless there is clear and convincing evidence of a "different intention," which evidence respondent did not produce. We affirm. To read the case, click here.

Submitted by Andrea Palumbo, Esq.
andrea.m.palumbo@gmail.com


Elder Law Statutes, Regulations, and Bulletins

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#12-25-07 Assistance for private pay nursing facility residents who want to return to the community. The purpose of this bulletin is to summarize the policy and implementation requirements related to the statewide initiative to help private pay individuals leave the nursing home. The initiative is described as “Return to Community.” It describes the roles of the Senior LinkAge Line®, nursing homes and lead agencies.

The complete Bulletin, published December 28, 2012, can be found here.

#12-25-08        Long Term Care Options Counseling Expanded to Include Certified Health Care Homes and Hospital Referrals. The purpose of this bulletin is to summarize the legislation and service implementation developed by the commissioner: Outline Area Agency on Aging, Long Term Care Consultants (Lead Agency), certified health care home, hospital and registered housing with service provider roles and responsibilities. This bulletin replaces bulletin 11-25-06.

The complete Bulletin, published on December 31, 2012, can be found here.

Submitted by Marit Peterson, Esq.
MPeterson@gblawoffice.com


Upcoming Events and CLE Programs

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Fraud & Abuse

January 8, 9, 10, 11, 4:30 p.m. to 9:10 p.m.
January 12, 8:30 a.m. to 5:00 p.m.
2 JD credits, Approved for 23.5 CLE credits (event code: 173293)
School of Law, Room 105
Adjunct Faculty: Isaac Buck, Visiting Assistant Professor, Seton Hall University School of Law

This course examines laws and regulations that impose criminal and civil penalties on health care providers for fraud and abuse, with special emphasis on the Federal False Claims Act, the Anti-Kickback Statute, and the Physician Self-Referral (Stark) Law. Civil Monetary Penalty and exclusion laws and the application of traditional federal white collar criminal statutes to health care will also be discussed. Further, other topics - including the use of the Responsible Corporate Officer Doctrine, the use of settlements as enforcement mechanisms, and the changes brought about by the Patient Protection and Affordable Care Act - will be explored. At the conclusion of the course, the student should have a basic working knowledge of the laws and regulations concerning health care fraud and abuse.

Submitted by Kari Winter
KWinter03@hamline.edu

 

Elder Law Section Activities

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MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 19, 2012. 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 tfenske@mnelderlaw.com 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, February 15, 2012 at 3:30 pm. 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.
For further information, please contact Laura Zdychnec, Chair, at: lzdychnec@mnelderlaw.com.

 

Elder Law Website

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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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