E-Newsletter of August 20, 2013 | Vol. 6, No. 34
ADVOCACY IN ACTION
Changes to Minnesota’s statutory short form power of attorney (POA) form take effect January 1, 2014. The changes are the result of an effort by the Vulnerable Adult Justice Project to find ways to curb the abuse of POAs by those who seek to financially exploit vulnerable adults. The new statutory short form POA form includes important notices to the principal and attorneys-in-fact and requires the principal to expressly authorize individual attorneys-in-fact to make gifts to him/herself. Laws of Minnesota 2013, Ch. 23 (H.F. 232). The Session Law changes the annual statutory limit that an attorney-in-fact may gift to him/herself from $10,000 to an amount equal to the federal annual gift tax exclusion amount in the year of the gift.
The Session Law also created a cause of action for an interested person (as defined by Minn. Stat. § 524.5-102, subdivision 7) to petition the court for a protective order directing an attorney-in-fact to provide an accounting. The principal or a person named by the principal in the POA to receive accountings may recover reasonable attorney fees and costs if the court finds that the attorney-in-fact failed to render an accounting to the principal or any person named by the principal in the POA to receive accountings after the duty to render an accounting arose. The new cause of action became effective August 1, 2013 and applies to POAs executed prior to the effective date.
Submitted by Adam Rohne, Esq.
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Submitted by Joel Smith, Esq.
The following unpublished opinion was released on August 12, 2013 by the Minnesota Court of Appeals:
Muriel Jean Bellino by her conservator and guardian, Annette C. Bellino, Respondent,
Gregory J. Bellino, individually and in his capacity as executor of the Estate of Eugene Bellino, Appellant,
Joann Bellino, Defendant.
Appellant challenges the district court’s denial of his pretrial motion for summary judgment and its posttrial award of judgment for respondent. Appellant argues that the district court erred by refusing to dismiss respondent’s lawsuit based on the doctrine of unclean hands and that the district court’s findings of fact are clearly erroneous. We affirm.
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This opinion will be unpublished and may not be cited except as provided by Minn.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.
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