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E-Newsletter of July 17, 2012 | Vol. 5, No. 29




The updated numbers for Minnesota Health Care Programs for Seniors Income and Asset Eligibility figures are available on the section website, under "Elder Law Forms and Documents." They figures are updated with the new July numbers. You can view the table by clicking here.

Submitted by Laurie Hanson, Esq.


The mission of the Pro Bono Committee is to work with existing pro bono programs and elder service groups to make section members aware of pro bono opportunities, to connect section members with existing pro bono programs, and to expand the pro bono services offered for elders.  For several years, counsel member Kristine Mullman chaired the Pro Bono Committee.  Kristine did a magnificent job steering the committee, which acted as the state liaison for National Healthcare Decisions Day.  The state liaison role has been passed on to other organizations, so the new chair will have a clean slate and a unique opportunity to direct the section’s pro bono efforts.   As a committee chair, you would also serve as an ex officio member of the section’s governing counsel. 
Anyone interested in serving as chair of the Pro Bono Committee should contact Section Chair Laura Zdychnec at

Submitted by Laura Zdychnec, Esq.
Chair of the Elder Law Section for the MSBA

Item of Interest


Minnesota adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) in 2010.  The UAGPPJA has now been enacted in 32 states and DC (with 3 awaiting governors’ signatures).  The National Guardianship Network (NGN) needs your help in understanding how the Act is working in practice. 

The intent of the Act is to substantially reduce interstate controversies and litigation, and thus it appears that there are no reported UAGPPJA decisions. NGN is looking for cases and information about the effect of the Act.  If you have been involved in any case in which the Act has played a role, please let us know by responding to this very brief survey at here.

Your experience will be important for advocacy efforts in the remaining states.  If you have questions, contact Sally Hurme at or Erica Wood at

Submitted by Kim Dayton, Esq.


Elder Law News


Nursing home gets confiscated liquor |

Minn. health system scores high | MPR News

Minnesota No. 1 in medical care | Star Tribune

New Drugs Aimed at Ending Alzheimer's Decline | ABC News

Don't take inheritance for granted | Star Tribune

Tips to avoid falling victim to scam | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

Unpublished Court of Appeals opinion issued July 9, 2012


In re the Guardianship and/or Conservatorship of Lois L. Rothfusz, Ward/Protected Person.

Filed July 9, 2012

Appellant Kathy Brown petitioned to be appointed successor guardian/conservator of her mother, ward Lois Rothfusz.  During the appointment hearing, the district court denied Brown’s request to adjourn the hearing until Rothfusz could be present and testify.

Following the hearing, the court appointed a professional guardian/conservator, rather than Brown.  Because we hold that the district court did not abuse its discretion by making these decisions, we affirm.

The opinion is available here.

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

DHS announced the following on July 12, 2012:

#12-27-2007 Legislative Changes to MinnesotaCare Effective July 1, 2012. The purpose of this bulletin is to provide policy and instructions for the implementation of July 1, 2012 changes to MinnesotaCare for children under age 21 and adults with children. The complete Bulletin can be found here.

Submitted by Marit Anne Peterson, Esq.

Upcoming Events and CLE Programs

SAVE THE DATE!  The 22nd Annual Elder Law Institute will be held on October 11-12, 2012 at the Minnesota CLE Center in Minneapolis. 


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 21, 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 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.

 The next meeting of the Elder Law Section Governing Council will be on Friday, August 17, 2012 at 3:30 pm at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Laura Zdychnec, 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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