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E-Newsletter of September 25, 2012 | Vol. 5, No. 39




The Awards Committee of the Elder Law Section is seeking nominations for Section awards to be presented at the Minnesota CLE Elder Law Institute on Thursday, October 11, 2012.  Nominations are sought for the Mary Alice Gooderl Memorial Award.  This Award is presented by the Elder Law Section to acknowledge 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.  In addition, the Awards Committee considers nominations for special awards to recognize special achievements by section members or special contributions to the Elder Law Section or the field of Elder Law.
Nominations will close at 5 pm on Friday, September 28, 2012. Please submit nominations to Julian J. Zweber at 1360 Energy Park Drive, Suite 310, St. Paul, MN 55108-5252, telephone 651-646-4354 or 651-646-4539 (FAX) or

Submitted by Julian Zweber, Esq.
Co-Chair, Awards Committee



Elder Law News


Health care forum focuses on access |Mankato Free Press

US Justice Dept to hold summits nationwide to highlight growing investment fraud cases | Star Tribune

Jurors convict man in stabbing death of 93-year-old woman in northern Wisconsin | Star Tribune

Sides joust over Medicare at AARP | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

The following unpublished opinion was released by the MN Court of Appeals on September 17, 2012:


Michael J. Larkin, Appellant,
Linda K. Larkin, et al., Plaintiffs,
Wells Fargo Bank, N.A.,  Respondent,
Christina Larkin,  Respondent,
Susan Schulze Hoff, et al., Respondents.


Appellant Michael Larkin challenges a district court order enforcing a settlement agreement in probate proceedings arising out of disputes among the trustees, including appellant, of a trust created by appellant's father. Larkin asserts that the district court erred by removing him as power of attorney for his mother and appointing a professional power of attorney to replace him; enforcing a settlement agreement that was not signed by his mother; and denying his motion for voluntary dismissal without holding a hearing on that motion.  We affirm in part and reverse in part.  We affirm the district court's removal of appellant as power of attorney, enforcement the settlement agreement, and denial of appellant's motion for voluntary dismissal, but we reverse the district court's appointment of a professional power of attorney to replace appellant.

The opinion is available here.

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.01, subd. 3 (2010)

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

DHS announced the following on September 19, 2012:

#12-25-06 2012 Legislative Changes to Long-Term Care Consultation (LTCC) and Case Management in Home and Community-Based Services (HCBS) Programs. The purpose of this bulletin is to summarize policy and implementation requirements related to these amendments. The complete bulletin, released on September 19, 2012, can be found here.

Additionally, DHS announced:

#12-69-04 Minnesota 2012 Social Services Block Grant Annual Report The purpose of this bulletin is to inform as well as to solicit comments from the public on Minnesota’s use, and intended use, of SSBG funding; and to provide guidance to counties for provision of services using these funds.  Public input of comments on the SSBG pre-expenditure and post-expenditure reports published in this bulletin should be directed to the contact below. The complete bulletin, released on September 20, 2012, can be found

Submitted by Marit Peterson, Esq.


Department of Human Services
Health Care Administration
Request for Comments on Reform 2020 Section 1115 Medicaid Waiver

DHS is announcing a second 30-day comment period on the Reform 2020 Section 1115 Medicaid waiver request. This second 30-day comment period provides an opportunity for public comment on the fiscal analysis and historical expenditure data. The comment period is from September 24, 2012 to October 24, 2012.

The 2011 Minnesota Legislature directed the Department of Human Services (DHS) to develop a proposal to reform the Medical Assistance Program. Goals of the reform include: community integration and independence; improved health; reduced reliance on institutional care; maintained or obtained employment and housing; and long-term sustainability of needed services through better alignment of available services that most effectively meet people’s needs.

DHS held an initial 30-day comment period on the Reform 2020 Section 1115 Medicaid waiver request from June 18-July 17, 2012. All comments submitted during the June 18-July 17, 2012 comment period remain part of the public record for this waiver and will be submitted to the federal Centers for Medicare & Medicaid Services (CMS) for further consideration.

This second 30-day comment period provides an opportunity for public comment on the new fiscal information provided. The fiscal analysis of those components of the reform initiative requiring federal approval is set out at Attachment O of the Reform 2020 waiver
request. Historical financial data is set out at Attachment P of the Reform 2020 waiver request.
After the conclusion of the comment period ending October 24, 2012, DHS will seek federal authority for the Reform 2020 waiver request. A copy of the waiver request is posted here. To request a paper copy of the waiver request, please contact Quitina Cook at (651) 431-2191.

Written comments on the fiscal analysis of the Reform 2020 waiver proposal may be submitted via postal mail to the address below or via email to: DHS would like to be able to provide copies of comments received in a format that is accessible for persons with disabilities. Therefore, please submit comments in Microsoft Word format or incorporated within the email text. If you would also like to provide a signed copy of the comment letter, you may submit a second copy in .pdf format or mail it to the address below. Comments must be received by October 24, 2012.

Scott Leitz
Interim Medicaid Director
Minnesota Department of Human Services
P.O. Box 64998
St. Paul, Minnesota 55164

Submitted by Laurie Hanson, 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. 


SAVE 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.


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 16, 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.

GOVERNING COUNCIL: The next meeting of the Elder Law Section Governing Council will take place at the MSBA offices immediately prior to the 2nd day of the Elder Law Institute – Friday, October 12, 2012 at 7:30 a.m.  All section members are welcome to attend. 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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