Elder Law means focusing on legal matters predominantly affecting older adults and people with disabilities. This practice area is wide-ranging, addressing a myriad of legal, financial, and health-related issues that become more prevalent or unique as people age. Elder Law encompasses healthcare and long-term care planning, guardianship, retirement, Social Security, Medicare/Medicaid eligibility, estate planning, financial planning, and elder abuse, among other concerns. An attorney in this field serves as advocates for the elderly and their families, offering guidance through the complex web of healthcare regulations, public benefits, and estate and financial planning. They help with preparing advance health care directives, managing and securing property and financial assets, navigating government services and funding, and representing clients in legal matters such as guardianship appointments and disputes related to the rights of older persons. These include estate planning, Medicaid planning, and guardianship cases. They provide tailored advice to meet the unique needs of aging individuals, ensuring their clients’ rights and dignity are protected in various stages of later life. The role of an Elder Law attorney is critical in helping aging adults and their families prepare for and address the legal challenges associated with aging, including planning for incapacity and end-of-life care decisions.
Minnesota Estate Planning Case : Northern Trust v. Shaw, 196 So.3d 424 (FL Ct.App. 2016) Case Summary: Non-probate distributions to spouse after death satisfy pre-nuptial agreement entitling spouse to assets from the estate. Northern Trust v. Shaw, 196 So.3d 424 (FL Ct.App. 2016.) The terms of a pre-nup provided that wife was entitled to $500,000…
Minnesota Estate Planning Case : Pfannenstiehl v. Pfannenstiehl, 55 N.E.3d 933 (MA 2016). Case Summary: Trust was not part of the marital estate in a divorce proceeding Pfannenstiehl v. Pfannenstiehl, 55 N.E.3d 933 (MA 2016). The court examined whether a beneficiary’s interest in a trust is an interest that must be included in a divorce…
I am often asked if I form a trust in Minnesota, is it valid and enforceable in other states? If I move out of state, do I need to pay an attorney to create a new trust in that state? If I’m not sure where I will retire and die, where should I create my…
Minnesota Estate Planning Case : Myers v. First Tennessee Bank, N.A., 503 S.W.3d 365 (TN Ct.App. 2016) Case Summary : Review of UTC Statute of Limitations (1005) to Brings Claims Against Trustee. Myers v. First Tennessee Bank, N.A., 503 S.W.3d 365 (TN Ct.App. 2016). The Tennessee Uniform Trust Code statute of limitations for claims against a…
Minnesota Estate Planning Case : In re the Conservatorship of Merritt Elmer Johnson, filed June 6, 2016, A15-1546. Case Summary : Attorney Fees Denied To The Extent They Duplicate Conservatorship Tasks. In re the Conservatorship of Merritt Elmer Johnson, filed June 6, 2016, A15-1546. In this case the conservator did not have extensive experience. The attorney…
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 agreement. Waterworth v. Ekman, 2016 WL 1175099 Filed March 28, 2016 (Minn.Ct.App. 2016). Plaintiff was renting 106 acres from Defendant who was later put under conservatorship. Defendant…
Minnesota Estate Planning Case : In re the Estate of Mae Anderson, deceased, filed July 5, 2016; (Minn.Ct.App. 2016) A15-1513. Case Summary : Being a farmer does not create special skills raising the standard of care as PR to sell a farm; being a father of person with first right of refusal is not a conflict nor…
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 Contempt Order Resulting in Jail Time Was Proper for Party Who Refused Post-Judgment Discovery Mohrman, Kaardal & Erickson v. Gene Rechtzigel (and as PR…
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 the Estate of Clara Mae Murphy, Deceased, A16-0661 (Minn.Ct.App. January 9, 2017). The decedent and appellant began dating in 1992. They bought a home in joint…
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 Wilson’s Estate. In re Estate of: Alice I. Engman, Decedent, A16-0805 Filed January 30, 2017. Mother had 3 children. One son died and left…
Minnesota Estate Planning Case: Walsh v. Walsh, et al A16-0405 December 27, 2016 Case Summary: Malpractice Affidavit Fails To Show Causation In Alleged Estate Planning Claim Walsh v. Walsh, et al A16-0405 December 27, 2016. The attorneys represented the married couple for over 20 years. One party filed for divorce and the law firm represented the other…
Medical Assistance for children with disabilities – TEFRA option The TEFRA option allows Medical Assistance (MA) eligibility for children with disabilities whose parents have too much income to qualify for MA or other Minnesota Health Care Programs or who qualify but the cost would be too high Who qualifies for the TEFRA option? To qualify,…
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 insurance through: A current or former employer Military service Medicare, including Medicare supplement plans Private insurance that you buy, including long-term care and…
Targeting A Property Tax Relief Program for Qualifying Homeowners This information brief describes “targeting,” a property tax refund program that targets property tax relief to homeowners who have large property tax increases in one year. It also includes historical information on refund data and program details. Targeting provides a state refund for homeowners with large…
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 information supercedes Information Bulletin 92-4.) The sample notice has been revised to identify the Minnesota Disability Law Center as the agency responsible for protection and advocacy…
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 hospice must enter into a written agreement (a contract) with any individual or entity for the services that are to be provided under arrangement….
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’ desires to create a more secure area for residents who wander. A locked unit is considered a form of restraint. The facility must request a…
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 reputation, one where I felt I could trust the staff to keep Mom safe. The staff did an excellent job…
Nursing facility services under Medical Assistance (MA) are a package of room and board and nursing services. Acute care services such as hospitalization are paid for separately under MA; this is also usually the case for therapy and other ancillary services. In order to be eligible for nursing facility care, an MA enrollee must: be screened…
The Elderly Waiver (EW) provides home and community-based services not normally covered under MA to MA enrollees who are at risk of nursing facility placement. In addition, EW recipients are eligible for all standard MA covered services. In order to receive EW services, an enrollee must: be age 65 or older; need nursing facility level…
Personal Care Assistants provide assistance and support to the elderly, persons with disabilities, and others with special health care needs living independently in the community. In order for a person to receive PCA services, the services must be: medically necessary; authorized by a licensed physician; documented in a written service plan; and provided at the…
Home care provides medical and health-related services and assistance with day-to-day activities to people in their homes. Home care can also be used to provide short-term care for people moving from a hospital or nursing home back to their home and can also be used to provide continuing care to people with ongoing needs. Home…
Medical Assistance (MA) enrollees who are elderly receive coverage for the standard MA covered services available to all other MA eligibility groups. MA benefits include federally mandated services and services provided at state option. In addition to covering standard medical services such as physician, inpatient hospital, dental, and therapy services, MA also covers many services…
This section provides information on the following Minnesota state programs for the elderly—Long-Term Care Consultation Services, the Alternative Care program, essential community supports, Group Residential Housing, and programs administered by the Minnesota Board on Aging. Long-Term Care Consultation Services Long-term care consultation services provide screening, assessment, and information and education services to help individuals access and…
Medical Assistance (MA), Minnesota’s Medicaid program, provides payment for health care services provided to low-income persons who belong to an eligible group, and who meet income and asset limits and other eligibility requirements. Eligible groups include the elderly, persons with disabilities or who are blind, families and children, pregnant women, and adults without children. MA…
Do you dread getting phone calls from unfamiliar sources? It seems that callers are more likely to be aggressive solicitors, pushy telemarketers or even devious con artists than legitimate business people. Criminals typically target the elderly, disabled people or immigrants, threatening them with fines, penalties or deportation if they don’t make payments to the callers….
Unfortunately, nursing home abuse and neglect is far too common. Studies indicate nursing home abuse is underreported. Thus, families of nursing home residents must be extremely vigilant to ensure that their loved ones are not being mistreated. The World Health Organization describes elder abuse as a “violation of human rights and a significant cause of…
