Table of Contents Overview of “Housing with Services” HWS Fees Legal Issues Class A or Class F in HWS Service Agreement and Service Plan Assisted Living Home Care Bill of Right #16 for Assisted Living …
READ MORE →2023 Update: Minnesota Fully Recognizes Medicaid Protection Trusts Thanks to the Minnesota Court of Appeals’ ruling in Geyen v. Commissioner, Minnesota Dept. of Human Services, 964 N.W.2d 639 (Minn. …
READ MORE →Name a Beneficiary to Your Vehicle with a Motor Vehicle TOD Form Minnesota vehicle owners can designate a beneficiary to receive their motor vehicle upon death, avoiding probate entirely. The …
READ MORE →Medical Assistance: Penalty Period for Gifts During the 5-Year Lookback Period When a person applies for Medical Assistance (Medicaid) in Minnesota, the state looks to any uncompensated transfers …
READ MORE →Minnesota Estate Planning Case: In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017) Case Summary: Billing statements are not hearsay under the business records exception In re Estate of Klie, 2017 …
READ MORE →Minnesota Estate Planning Case : Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016) Case Summary: Surcharge denied for making lump sum distribution Estate of Braasch, 140 A.D.3d 1341 (NY Sup. …
READ MORE →Minnesota Estate Planning Case : Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017) Case Summary: Settlor and trust beneficiary can amend an irrevocable trust without consent of all beneficiaries …
READ MORE →Minnesota Estate Planning Case: In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016) Case Summary: Beneficiaries could sue for the mother after death for breach of duty In the Matter of …
READ MORE →Minnesota Estate Planning Case : Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Case Summary: Nephews gifts by POA to himself and relatives with POA was self-dealing and constructive fraud. Stehlik v. …
READ MORE →Minnesota Estate Planning Case : In re Guardianship of Spinnie, 2016 Ill.Dec. 319 (IL Ct.App. 2016) Case Summary : Presumption of fraud for gifts to attorney-in-fact can be pushed back. In re …
READ MORE →Minnesota Estate Planning Case : In the Matter of the Massie Trust, 2017 WL 218284 (WI Ct.App. 2017) Case Summary : UTC 1004- Trustee-beneficiary acting in bad faith can have fees charged against …
READ MORE →Summary: State where trust is created is the applicable law for dispositive provisions of a trust. Law of administration is the state where trust is administered. Minnesota Estate Planning Case : …
READ MORE →Minnesota Estate Planning Case : Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016) Case Summary : Real estate option purchase agreement interpreted against the drafter of …
READ MORE →Minnesota Estate Planning Case: Mohrman, Kaardal & Erickson v. Gene Rechtzigel (and as PR for Estate of Frank Rechtzigel and as Trustee et al) Filed August 22, 2016, A15-1886. Case Summary : Civil …
READ MORE →Minnesota Estate Planning Case: In re Guardianship and Conservatorship of Adeline V. Dorosh, A16-0113 (Minn.Ct.App. January 9, 2017) Case Summary: Failure To Object To Inventory May Result In Waiver …
READ MORE →Minnesota Estate Planning Case: In re the Estate of Clara Mae Murphy, Deceased, A16-0661 (Minn.Ct.App. January 9, 2017) Case Summary: Constructive Trust Did Not Apply To Cohabitating Partners In re …
READ MORE →Minnesota Estate Planning Case: In re Estate of: Alice I. Engman, Decedent, A16-0805 Filed January 30, 2017 Case Summary: Undue Influence Need Not Be Proved By All Factors Under The Precedent Of In Re …
READ MORE →Minnesota Estate Planning Case: In re: Guardianship of Layr Komara, minor; filed April 10, 2017; A16-1022. Case Summary: Guardianship Denied When Respondent Turned 18 Before Order was Issued In re: …
READ MORE →Minnesota Estate Planning Case: In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016 Case Summary: Unreasonable Agreement for …
READ MORE →How other health insurance may affect eligibility for Medical Assistance or MinnesotaCare When applying for health care programs, you must tell us if you have other health insurance or can get health …
READ MORE →The U.S. Department of Homeland Security (DHS) extended the REAL ID enforcement deadline from May 3, 2023, to May 7, 2025. _Source: https://dps.mn.gov/divisions/dvs/real-id/Pages/default.aspx_ REAL …
READ MORE →Nursing Facility Reimbursement and Regulation This information brief explains how nursing facilities in Minnesota are reimbursed. It includes information on nursing facility regulation, MA …
READ MORE →In Medicaid, a “spenddown” is the amount you must pay towards your medical bills before Medicaid will pay for them. This FAQ answers common questions people have about how a Medicaid spenddown works. …
READ MORE →Federal and state law requires the Minnesota Department of Human Services (DHS) and county agencies to recover costs that the MA program pays for its members under certain circumstances. DHS and …
READ MORE →This bulletin contains an updated sample notice and current Ombudsman directory for use with the 30 day discharge/transfer notice given a resident prior to involuntary discharge or transfer. (This …
READ MORE →Question: If a Medicare beneficiary requests hospice care, is the SNF obligated to provide this service? Response: No. The beneficiary has freedom of choice, but it is not an unqualified freedom. A …
READ MORE →The Minnesota Department of Health, Health Regulation Division, has experienced a significant increase in requests to lock up all or parts of nursing homes. This increase is in response to providers’ …
READ MORE →Safety Without Restraints: A New Practice Standard for Safe Care One Daughter’s Story My mother is 88 years old and has dementia. After a severe injury, she moved to a nursing home with a good …
READ MORE →Medical Assistance Medical Assistance (MA) is a jointly funded, federal-state program that pays for health care services provided to low-income individuals. It is also called Medicaid. This …
READ MORE →Minnesota law requires both investment advisers (IAs) and investment adviser representatives (IARs) to register with the Minnesota Department of Commerce, unless a registration exemption applies. Some …
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