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E-Newsletter of October 30, 2012 | Vol. 5, No. 44

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MARY ALICE GOODERL AWARD PRESENTED TO THOMAS R. O'CONNELL
The Awards Committee of the Elder Law Section presented the Mary Alice Gooderl Memorial Award to Attorney Thomas R. O'Connell, at the MN CLE Elder Law Institute, on October 11, 2012.  O'Connell is a partner in the Saint Paul law firm Collins, Buckley, Sauntry and Haugh, P.L.L.P.  He has been active for many years in the work of the Elder Law Section, serving in various positions and on various committees and on the Governing Council.  He has been a lecturer at various Real Property, Probate and Elder Law seminars, and serves as a Director of the Ramsey County Bar Foundation. 

O'Connell is the 20th recipient of the Award since its creation in 1993.  The Award was created to honor outstanding contributions to the field of Elder Law by a member of the Elder Law Section, as exemplified by Mary Alice Gooderl, one of the founders of the Elder Law Section.    O'Connell joins the previous recipients of the Mary Alice Gooderl Memorial Award:  Julian J. Zweber (1993); Leigh D. Mathison (1994); Frances L. Long (1995);  Kris L. Maser and Stuart E. Schmitz (1996); Charles W. Ingeman (posthumously, 1997); Barbara J. Blumer (1998); (no award in 1999); Steven J. Wolfe (2000); Barbara F. Goldstein (2001); Jeffrey W. Schmidt (2002);  Randy F. Boggio (2003);  Kathleen Eveslage (2004);  Cathryn D. Reher (2005);  Richard D. Hawke (2006);  Monica M. Lewis (2007); Laurie A. Hanson (2008); Lori L. Guzman (2009); Bryan Jamison (2010); and A. Kimberly Dayton (2011).

Submitted by Julian Zweber, Esq.
Chair of the Awards Committee
julianzweber@qwest.net

 

Link of the Week

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The National Law Review provides legal analysis and law review articles provided by attorneys throughout the United States.  Topics range from Antitrust Law to Tax Law, but there is an option to search within each topic area.  Check out the Health Care Law topic area for links related to Elder Law. To visit the site, click here.

Submitted by Jill Sauber
jillsauber@yahoo.com

 

 

Elder Law News

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There is no elder law news to report this week.




Elder Law Cases

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The following published case was released by the Court of Appeals on October 22, 2012:

A12-0335        In re the Estate of: John Kenneth Rutt, a/k/a John K. Rutt and John Rutt, Deceased.

                       
Carver County District Court, Hon. Richard C. Perkins.
1.  A probate petition commences a probate action; when that petition is filed before written notice of a claim or demand for arbitration, prejudgment interest under Minn. Stat. § 549.09 (2010) begins on the date the petition was filed.

2.  The monetary thresholds in Minn. Stat. § 549.09 are applied to the judgments as delineated by the district court, even when multiple transactions are included in a single judgment.

        In this second appeal in a probate action, appellants argue that the district court erroneously applied Minn. Stat. § 549.09, in two ways.  First, appellants argue the district court erred by ordering that interest begin to accrue on the decedent's date of death.  Second, appellants argue that the district court erred by applying the interest rate for judgments over $50,000 to a judgment for $73,592, which consisted of three transactions for $50,000 or less.  Appellants also argue that the district court erred in refusing to reconsider its valuation and distribution of real and personal property.
       Because a probate action is commenced upon the filing of a probate petition and because, in this case, that filing was not preceded by a demand for arbitration or written notice of the claim, Minn. Stat. § 549.09 requires interest to begin on the date the petition was filed.  Because the district court designated the judgment complained of as a single judgment in the amount of $73,592, it did not err in applying the ten-percent interest rate for judgments over $50,000.  Finally, appellants' assertion of error regarding the district court's refusal to reconsider its previous decisions are unsupported and do not present obvious error.

Affirmed in part, reversed in part, and remanded.  Judge Carol A. Hooten.
The opinion is available here.

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


Elder Law Statutes, Regulations, and Bulletins

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The following appeared in the State Register on October 22, 2012:

Minnesota Department of Human Services (DHS)
Disability Services Division
Notice of Request for Proposals to Provide Consultation, Evaluation, and Information for Counties, Tribes, Individuals, Families and Providers on the Use of Assistive Technology for People with Disabilities of All Ages Who Live in Their Own Homes and Are Eligible for Home Care or Home and Community Based Waiver Services
NOTICE IS HEREBY GIVEN that the Minnesota Department of Human Services is requesting proposals to provide consultation, evaluation, and information for counties, tribes, individuals, families and providers on the use of assistive technology for people with disabilities of all ages who live in their own homes and are eligible for home care or home and community based waiver services.

Work is proposed to start January 7th, 2013. For more information, or to obtain a copy of the Request for Proposal, contact:

Melanie Fry
Department of Human Services
Disability Services Division
P.O. Box 64967
444 Lafayette Road North
St. Paul, MN 55155-0967
E-mail: Melanie.fry@state.mn.us

This is the only person designated to answer questions by potential responders regarding this request. Proposals submitted in response to this Request for Proposals must be received at the address above no later than 4:00 p.m., Central Time, November 26th, 2012. Late proposals will NOT be considered. Faxed or e-mailed proposals will NOT be considered.
The RFP can be viewed by visiting the Minnesota Department of Human Services RFP web site.

The posting can be found here at page 15.

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


Upcoming Events and CLE Programs

HeaderSAVE THE DATE!   "Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care," the Hamline University Health Law Institute's multidisciplinary CLE Symposium, will be held in Hamline's brand new Anderson Center on November 8-9, 2012. To learn more, click here.

Submitted by Thadeus M. Pope, Esq.
tpope01@gw.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, December 18, 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, December 14, 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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