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E-Newsletter of January 28, 2014 | Vol. 7, No. 5

 

 

PRO BONO SPOTLIGHT

 

Legal Services State Support is offering an “Estate Planning for Low-Income People” seminar from 8:30 am. – 12:15 p.m. this Friday, January 31, 2014. Attorneys may attend in-person at William Mitchell College of Law or via webinar. Lorie Skibbie of Estate and Elder Law Services and Laurie Hanson of Long, Reher & Hanson will present on the basics of estate planning for low-income individuals. Online registration has closed for this event, but participants may contact Ann Conroy by email at aconroy@mnlegalservices.org or by telephone at (651) 842-6911. Fees are: $10 for volunteer law students, $25 for law students, $40 for Legal Aid staff and LSAC grantees, $55 for volunteer attorneys and non-profits, and $70 for all other attorneys.

You can now log your pro bono hours completed in 2013 with the North Star Lawyers program! Attorneys who provided 50 or more hours of pro bono legal services in 2013 will be recognized as North Star Lawyers by the MSBA. Follow this link to the North Star Lawyers Program webpage to report your hours online. The deadline for reporting your 2013 hours is February 28, 2014. 

Submitted by Adam Rohne
arohne@hdbob.com

 

Elder Law News

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There is no news to report this week.


Elder Law Cases

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The Minnesota Supreme Court will hear oral arguments in In re the Guardianship of Jeffers J. Tschumy, Ward (A12-2179) on Monday February 3, 2014 at 9:00 a.m.

In 2009, a guardian was appointed for Jeffers Tschumy.  The guardianship appointment included the power and authority to provide for Mr. Tschumy’s “care, comfort, and maintenance, including . . . health care” and to give “any necessary consent to enable, or to withhold consent for” Mr. Tschumy to receive “necessary medical . . . care . . . [or] treatment.”  In April 2012, Mr. Tschumy lost consciousness and suffered a brain injury.  Although he was revived at the hospital, due to the nature of his condition, Mr. Tschumy’s doctors, the hospital ethics committee, and the guardian concluded that Mr. Tschumy’s life support should be discontinued.

The hospital filed a motion in district court, seeking clarification whether the guardian had the authority to direct the removal of life support without judicial consent.  After appointing an attorney to represent Mr. Tschumy, the district court concluded that the guardian was not authorized to direct the removal of life support without a court order, but the court also authorized the removal of Mr. Tschumy’s life support.  Mr. Tschumy died on May 17, 2012. 

The guardian appealed.  The court of appeals reversed the district court.

On appeal to the supreme court, the issue presented is whether the guardian had the authority to withdraw Mr. Tschumy’s life-sustaining medical treatment without  an order from the district court when that decision was not challenged by any interested person and was made in consultation with doctors and a medical ethics committee. 

Amicus briefs have been filed by the Minnesota Attorney General, on behalf of the State of Minnesota in support of the Petitioner, and the Minnesota Hospital Association and the Minnesota Medical Association, in support of the Respondent.  

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

 

 

Elder Law Statutes, Regulations, and Bulletins

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There are no statutes, regulations, or bulletins to report.

 

Upcoming Events and CLE Programs

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Hamline University School of Law will be offering a condensed "Elder Law" class from June 17-21, 2014.  This course earns 2 law school credits or 23.5 CLE credits.  To visit the website, click here.

Course Description: This course examines a number of legal, ethical, and social issues raised by our nation's growing elder population. Special attention is given to: (i) elder abuse, neglect, and financial exploitation; (ii) the licensing, certification, accreditation, and general regulation of health care and housing providers; (iii) end-of-life issues, including senior settlements, health care directives, surrogacy, and physician-assisted suicide; (iv) guardianship and conservatorship; (v) financial planning for retirement; (vi) managing and paying for health care, including Medicaid, Medicare, long-term care insurance, and health care reform issues; (vii) property management, including durable powers of attorney for property, joint ownership and financial accounts, trusts, and estate planning; (viii) age discrimination; (ix) ethical issues in elder representation; and (x) other family issues, including “grandparents as parents,” grandchild visitation, and later marriages and re-marriages.

Submitted by Thaddeus Pope
tpope01@hamline.edu

 

Elder Law Section Activities

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VULNERABLE ADULT SUBCOMMITTEE ANNOUNCEMENT: There are planned Vulnerable Adult Subcommittee meetings on the following dates from 12:00 to 1:30 to be held in my office in Edina (5001 Chowen Avenue South, Minneapolis, MN 55410). The next meeting will be held April 17, 2014. Please call Ken LaBore at 612-743-9048 or email him at KLaBore@MNnursinghomeneglect.com.

NEW LAWYERS COMMITTEE: Meetings will be held the second Thursday of every other month starting November 14, 2013 at noon. The new lawyers committee has set meeting topics for the coming year. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour would be questions and answers.

The meeting topics have been set in the following order:

 

1.      General Practice Tips including the initial client interview. Meeting date 3/13/14

2.      Billing including software, forms, retainer agreement fee, how to collect payment. Meeting date 5/8/14

3.      Probate including general overview, basic steps and forms. Meeting date 7/10/14

4.      Guardianship/Conservatorship including general overview, basic steps and forms. Meeting date 9/11/14

5.      Veteran's Affairs benefits. Meeting date 11/13/14

Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Please contact Pook Grathwol at  pgrathwol@chestnutcambronne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.comor (612) 630-3254.

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 18, 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, Pook Grathwol of CHESTNUT CAMBRONNE P.A., is Committee Chair.  For directions, or to attend by phone, please contact Bill Lent with CHESTNUT CAMBRONNE, P.A., at 612-336-2948 at least 24 hours in advance of the meeting
Topics for the meeting may be submitted to blent@chestnutcambronne.com under the subject heading “MA Committee Topic”, or faxed to 612-336-2940. Please be reminded that the meeting location is: Estate & Elder Law 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 that faces directly into the meeting room.

 
GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, February 21 at 3:30 pm. Please be reminded that the meeting location is: Estate & Elder Law 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 that faces directly into the meeting room. For further information, please contact David Rephan, Chair, at: drephan@chestnutcambronne.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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