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E-Newsletter of July 9, 2013 | Vol. 6, No. 28


[Editor’s note: I apologize for the error in the date listed for the next Governing Council meeting in last week’s newsletter. Please note that the next meeting will take place on August 23, not August 1.]

Be part of the crowd!  The Advocacy Committee is harnessing the power of crowd-sourcing to build a database of decisions by DHS administrative law judges.  The database will allow the Elder Law Bar to see patterns and inconsistencies across counties, topics, and administrative law judges on a wide-range of issues, including MA eligibility, PCA issues, Vulnerable Adult, and Minnesota Care.  To participate, simply email any DHS decisions you have gathered from prior research to in Word format.  Thank you for your help!  
Submitted by Susanne “Anne” Starr Goodman
Advocacy Committee


Elder Law News


Minnesota targets baby boomers with specialist housing options | Financial Times
Nursing Home Use by Medicaid Seniors is Plunging | Forbes
Fixing up seniors' homes to help them age in place |
Health care: 12 counties, 1 common goal | Marshall Independent

 Submitted by Joel Smith, Esq.

Elder Law Cases

The Minnesota Court of Appeals released the following unpublished opinion on July 1, 2013:

A12-2123 and A13-0357
In re:  Estate of Harriet Dorothy Meyers, Decedent.

      Appellant challenges the summary judgment dismissal of her objections to her mother's purported will, to the appointment of respondent as personal representative for her mother's estate, and to the imposition of sanctions under Minn. R. Civ. P. 11.03, arguing that the district court erred by (1) denying a continuance for further discovery; (2) finding no genuine issues of material fact with respect to undue influence; (3) failing to vacate the judgment under Minn. R. Civ. P. 60.02; and (4) abusing its discretion in awarding sanctions.  We affirm in part and reverse in part.

The opinion is available here.

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Submitted by Andrea Palumbo, Esq.


Elder Law Statutes, Regulations, and Bulletins

There are no new statutes, regulations or bulletins to report this week.


Upcoming Events and CLE Programs

There are no upcoming events or CLEs to report this week.


Elder Law Section Activities


GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, August 23, 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 David Rephan, 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.

Go to the Section Website Header