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 : 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 Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017). Trust was created to benefit children of both spouses (2nd marriage). After once spouse…
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 the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016). A second marriage case. Husband and wife created a joint trust…
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. Rakosnik, 24 Neb.App. 34 (2016). Shortly after gaining POA the nephew transferred the farm and various cash assets to the POA and the POA’s…
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: 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…
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…
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…