E-Newsletter of May 14, 2013 | Vol. 6, No. 19
LINK OF THE WEEK
DHS published a report combining information about reports and investigation of alleged maltreatment of both vulnerable adults under Minnesota Statutes, section 626.557, and minors under Minnesota Statutes, section 626.556 in Department of Human Services (DHS) licensed programs. To view the report, click here.
Submitted by Joel Button, Esq.
There is no news to report this week.
The following unpublished opinions were released by the Minnesota Court of Appeals on May 6, 2013:
Estate of Annetta Faye Zaudtke, Respondent,
Timothy L. Zaudtke, Appellant.
Appellant Timothy L. Zaudtke challenges the district court's decision, arguing that (1) the district court erred by failing to dismiss the estate's fraud claim because it was not pleaded with particularity; (2) the evidence was insufficient to support the district court's conclusion that he had committed fraud; and (3) the conversion statute of limitations expired prior to the complaint being filed. We affirm.
The opinion is available here.
In the Matter of the Jeno F. Paulucci Revocable Trust Under Agreement dated May 1, 1997.
In this trust dispute, appellant and co-appellants challenge the district court's application of the doctrine of forum non conveniens to dismiss without prejudice their petitions for orders regarding the trust. Co-appellants also argue that the district court violated their due-process rights by dismissing their petition without notice or the right to be heard. Because the district court did not abuse its discretion in declining to exercise jurisdiction over the trust or in dismissing the petitions and did not violate co-appellants' due-process rights, we affirm.
The opinion is available here.
These opinions will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, ubd. 3 (2012).
Submitted by Andrea Palumbo, Esq.
There are no new statutes, regulations or bulletins to report this week.
This summer, Hamline Law is offering Elder Law both for law school credit and for CLE. It will be taught by former Elder Section chair Suzy Scheller, and runs from June 14-17. To view the schedule and course description, click here.
Submitted by Thaddeus Pope, J.D., Ph.D.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, June 25, 2013. 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 firstname.lastname@example.org 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, and the Annual meeting, will be on Friday, June 21, 2013 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: email@example.com.
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.
Go to the Section Website