E-Newsletter of August 6, 2013 | Vol. 6, No. 32
ADVOCACY IN ACTION
Do you have clients who have been denied Medicare coverage because they were not improving or the care was only maintaining their current function? Check out the Center for Medicare Advocacy's Self Help Packets for Expedited Appeals. You can find them and other great resources here.
Submitted by Susanne "Anne" Starr Goodman
Know the rules and plan ahead now: Nursing home costs and Medicaid | Gazette Net
Minding Our Elders: Daughter dreads nursing home visits | INFORUM
Nursing home industry ready for battle over Medicare funding | The Hill
Move Over Nursing Homes — There's Something Different | NPR
Can Elderly Patients With Dementia Consent To Sex? | NPR
Submitted by Joel Smith, Esq.
The following unpublished opinion was issued by the MN Court of Appeals on July 29, 2013:
In re the Marriage of: Sharon E. Lauer, petitioner, Respondent,
Patrick Joseph Lauer, Appellant.
Appellant husband argues that the judgment in his dissolution was void because it was entered after the district court declared him incompetent or, in the alternative, that the district court erred by entering the judgment based on terms to which the parties did not agree, or committed reversible error by failing to afford him the opportunity to object to the proposed findings. Appellant also challenges the award of attorney fees to respondent wife. Because the district court erred by entering judgment based on a purported agreement that occurred during a period when husband was incompetent, we reverse and remand for further proceedings. We also reverse the grant of attorney fees.
The opinion is available here.
Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012)
Submitted by Andrea Palumbo, Esq.
There are no statutes, regulations or bulletins to report this week.
There are no upcoming events or CLEs to report this week.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 20, 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 email@example.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 (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, 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: firstname.lastname@example.org.
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