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Meeting Minutes Archive

December '06: Friday, December 8, at 3:30 p.m. at MAO
February '07: Friday, February 9, at 3:30 p.m. at MAO
April '07: Friday, April 13, at 3:30 p.m. at MAO
June '07: Annual Meeting held after the last day of the Probate and Trust Law Institute, circa June 19
August '07: Friday, August 10, at 3:30 p.m. at MAO
October '07: Meeting to be held at a convenient time at the MSBA Elder Law Institute
December '07: Friday, December 14, at 3:30 p.m. at MAO
February '08: Friday, February 8, at 3:30 p.m. at MAO
April '08: Friday, April 11, at 3:30 p.m. at MAO
June '08: Annual Meeting held after the last day of the Probate and Trust Law Institute, circa June 19
August '08: Friday, August 8, at 3:30 p.m. at MAO
October '08: Meeting to be held at a convenient time at the MSBA Elder Law Institute

a. NOMINATING COMMITTEE. Jeff Schmidt, Chair of the Nominating Committee, will be looking for a non-committee member to serve on the committee. It has been suggested that John Kantke, the law student that Julian is mentoring, be considered for the committee. The Chair will also be sending out a reminder on the membership attendance policy and providing instructions on how to participate at the council meetings by phone.

b. WEBSITE COMMITTEE. No report.

c. NEWSLETTER COMMITTEE. The committee released its September 2006 newsletter. They are anticipating a January release of the next newsletter. They are soliciting topic suggestions and articles for the up-coming newsletter. Kathy Eveslage indicated that she is writing articles on a regular basis for "Good Age" and also suggested that we review the helplawmn.org site for additional topics or articles.

d. STRATEGIC PLANNING COMMITTEE. The committee was going to meet on October 13, 2006, and they will issue a report at the next council meeting.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee will be held on October 17, 2006 at 3:30 p.m. at the MAO offices. There had been discussion of running the Medical Assistance Committee and Legislative Committee meetings back to back. This format does not seem workable for the Legislative Committee which needs to meet on a more flexible schedule.

f. LEGISLATIVE COMMITTEE. The Legislative Committee will not be convening until after the elections on November 7, 2006. Jennifer Wright suggested that perhaps we should, as a council, support legislation that is not related to Medical Assistance and that impacts other areas of the Elder Law practice. Specifically, she was interested in POLST legislation. Also mentioned were efforts to put more enforcement powers behind the statutory short form power of attorney.

g. AWARDS COMMITTEE. At the October 5, 2006 MSBA Elder Law Institute, the Awards Committee awarded the Mary Alice Gutteral Award to Richard Hawke. There also was a new award created by the committee, which is a Lifetime Service Award. This was given to Frances Long. Although the committee has provided special recognition awards in the past, none were given this year. The committee stayed within its approved budget.

h. BY-LAWS COMMITTEE. On hiatus for 2006-2007 Bar year.

i. LAW CLERK COMMITTEE. The law clerk position is vacant at this time. The committee is waiting to see the outcome of the elections in order to determine the needs for the law clerk position.

DRAFT MINUTES OF ANNUAL MEETING
ELDER LAW SECTION
MINNESOTA STATE BAR ASSOCIATION

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 20, 2006 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. Chair Kathy Eveslage convened the meeting at 12:55 p.m.

The following business was conducted at that meeting:

1. 2005 Annual Meeting Minutes. The membership waived reading of the minutes from the 2005 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2006 was approved.

3. Nominating Committee Report. Julian Zweber on behalf of the Nominating Committee Chair presented the slate of officer and governing council member nominees to replace the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

4. Election of Governing Council Officers and Members. With no nominations from the floor of alternative officers or members and upon motion duly made and seconded, the membership voted to approve and duly elect the presented slate of officers and council members to serve until their successors be elected and take office as follows:

Officers: Douglas J. Debner - Chair
Laurie A. Hanson - Vice Chair
Cathryn D. Reher - Secretary
Richard D. Hawke - Treasurer

2006-2007 Board Members:
Linda L. Bogut
A. Kimberley Dayton
Jonathan A. Dyrud
Lori L. Guzman
Bonita A. Kallestad
Lynn R. Lindsay
Suzanne M.C. Sandahl
Jennifer L. Wright
Julian J. Zweber
Jeffrey W. Schmidt
Jacob J. Baker
David Rephan
Joel Mullen
Bridget Mueller - Student Member

5. Approval of Amendments to the Bylaws MSBA Elder Law Section. Upon motion duly made and seconded, the membership voted to approve amendments to the Section's Bylaws as previously approved by the Elder Law Governing Council at its May 12, 2006 meeting. Richard Hawke will forward the amendments to the MSBA for further action.

6. New Business. The next meeting of the Elder Law Governing Council will be held at 3:30 p.m. on August 11, 2006 at MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The following meeting will be in the same location on October 13, 2006 at 12:00 p.m.

7. Adjourn. There being no further business, the meeting was duly adjourned at 1:15 p.m.

Respectfully submitted,

Cathryn D. Reher
Secretary, Elder Law Governing Council

MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

March 10, 2006

Present: Robert L. Russell, Cathryn D. Reher, Lynn Lindsay, Bonnie Kallestad, Laurie Hanson, Lori L. Guzman, Vicki McIntyre (guest), Renee Anderson (MSBA), Monica Lewis, Julian Zweber, Kathy Eveslage, Suzanne M.C. Sandahl, Richard D. Hawke, Kim Dayton.

Note: Jennifer Wright, Doug Debner and Stuart Bear did not attend but their absence was excused.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on March 10, 2006, at William Mitchell School of Law. The meeting was called to order at 3:15 p.m. by Chair, Kathy Eveslage.

2. Legal Assistance to the Disadvantaged - Request for Support: The LAD committee made a presentation on continuing legal education credit for pro bono legal services. It is hoped that allowing a special category of credit would provide an incentive to perform pro bono services and also provide educational opportunities. The LAD committee was seeking Section support for its proposal. The council upon motion approved its support of Continuing Legal Education (CLE) Credit for pro bono legal services for inclusion under Rule 6 (Special Categories of Credit) of the Minnesota State Board of Continuing Legal Education.

3. Approval of Minutes: Tabled until next meeting.

4. Treasurer's Report: The Treasurer's Report ending December 31, 2005, was approved upon motion. Richard Hawke noted the cost was $39.00 to disseminate the most recent newsletter by e-mail.

5. Committee Reports:

a. NOMINATING COMMITTEE. The committee has reviewed attendance records and is in the process of determining those members who will be asked to serve an additional term and the number of expected vacancies.

b. WEBSITE UPDATE. Kim Dayton has indicated that she is going to add a new section to the website to highlight Section members in the news.

c. NEWSLETTER. Although the most recent edition of the newsletter was to have gone out in paper form, it was sent out only by e-mail. The council approved upon motion to mail the most recent edition to approximately 20 members of the Section who do not have e-mail. The mailing will include a cover letter reflecting that this will be the last hard copy of the newsletter and that future publications will be forwarded by e-mail. The cover letter will provide the option of continuing to receive the newsletter by hard copy for those Section members who do not have e-mail. The council suggested that a similar notice be posted on the Section's website.

Monica Lewis was approached about advertising in the newsletter. The position of the council historically has been not to allow advertising as it may result in a misconception that the council is endorsing particular products or services.

d. STRATEGIC PLANNING COMMITTEE. The council approved upon motion Long, Reher & Hanson's request for reimbursement for Medical Assistance Committee expenses. The Strategic Planning Committee has requested that the Chairs for each Section Committee provide an estimated budget of anticipated expenses through June 30, 2006, and to provide a projected budget for July 1, 2006 through June 30, 2007. The Chair is to disseminate a request to the Chairs for this information.

Bob Russell questioned whether there would be reimbursement for mileage for out of state committee members. After discussion, the council maintained its current policy of not reimbursing mileage.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for April 18, 2006 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Brynn Rhodes is the new student clerk. She is a second year law student at William Mitchell. The Committee should have information on Minnesota Department of Human Services proposed legislation by March 16, 2006.

g. AWARD COMMITTEE. No new report.

h. BY-LAWS COMMITTEE. Council upon motion approved the following changes to the MSBA Elder Law Section By-Laws:

(New) Article II, Section 2: Any interested law student who is a student member of the MSBA may be a non-voting member of the Elder Law Section. Up to four law students may serve as a non-voting student (associate) member of the Governing Council.

(Old Section 2 renumbered to Section 3)

Article V. Committees, (new) Section 4: Each Committee Chairperson shall continue to serve until a successor is appointed by the Chair.

(New) Article X: The Section Chair shall appoint a delegate and an alternate to the MSBA assembly as necessary to satisfy the Bylaws of the MSBA.

During discussion of the proposed Section Bylaw amendments, Renee Anderson advised that although membership in the Section is free, students must become members of the Minnesota State Bar Association and also the County Bar. Thus, the membership cost to a student would be approximately $30.00 to $40.00. There was discussion but no resolution of possible sponsorship by the Section of student members.

The approved changes to the Section's Bylaws must be presented at the Section's upcoming annual meeting. If approved by the Section, the amendments must be voted upon by the Minnesota State Bar Association.

Renee Anderson also requested the council look at the MSBA Governing Committee suggested revisions to the Section's Bylaws in order to conform to the MSBA Model Language.

6. Amicus committee - should one be formed? Tabled until next meeting.

7. Dues for 2007. The Council upon motion approved increasing dues from $15.00 to $20.00. The dues change will need to be ratified at the Section's annual meeting and then approved by the MSBA General Assembly. Dues will increase as soon as effective under the Bylaws.

8. New Business. The Council upon motion approved to have the Chair appoint the delegate and alternate delegate to the MSBA General Assembly as necessary to satisfy MSBA Bylaws.

The Chair announced that St. Thomas Law School invited elder law practitioners to come and talk about the practice of elder law with students. The invitation is for March 30, 2006 from 12:30 p.m. to 1:30 p.m.

Renee Anderson encouraged council members to become educated on judicial independence resources by visiting the MSBA website at www.mnbar.org.

The Elder Law Section Annual Meeting will be held on June 19, 2006, as part of the Minnesota State Bar Association Probate and Trust Continuing Legal Education Seminar.

9. Next Governing Council Meeting. The next governing council meeting will be held on May 12, 2006, at 12:00 p.m. at the MAO office, 2021 East Hennepin, Suite 200, Minneapolis, Minnesota.

10. The meeting was adjourned at 5:00 p.m.

Respectfully submitted,

Cathryn D. Reher

MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

January 13, 2006

Present: Cynthia Capin, Kim Dayton, Douglas J. Debner, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Laurie Hanson, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Gina M. Nelson, Tom O'Connell Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber, Michael Rox (student), Tom Wilson.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on January 13, 2006 at the Minnesota State Bar Association. The meeting was called to order at 12:35 p.m. by Chair, Kathy Eveslage.

2. Approval of Minutes: The minutes for the November 17, 2005, council meeting were approved as amended:

Kim Dayton attended the November 13, 2005 meeting.

Item 2. Item 5.g is amended further. Jennifer Wright and Julian Zweber will supervise the student clerk.

Item 3. Correction of spelling error changing Groomes to Grooms.

Item 5g. Correction of spelling error changing Andy to Randy.

3. Treasurer's Report: The treasurer's report ending November 30, 2005 was approved upon motion. The "Payments to Third Parties" entry will be moved into Newsletter Preparation where it more properly belongs.

4. Committee Reports:

a. NOMINATING COMMITTEE. The committee asked for recommendations of section members that are not on the council who could serve on the nominating committee. The committee will follow up with suggested names. Julian Zweber recommended the committee consult with out state attorneys for suggestions. Attendance records will be reviewed in determining whether to ask a member to serve an additional term. The committee is expecting vacancies at the end of this term and intends to wrote those who previously expressed an interest to invite them to become members. There Vice Chair position will be vacant at the end of this term and Laurie Hanson has volunteered to serve in this capacity. Cathryn Reher has volunteered to continue for the balance of her term as Secretary.

b. WEBSITE UPDATE. Laurie Hanson handed out a sheet reflecting the new public benefits figures that will be published on the section's website. No briefs have been submitted for posting. Julian has volunteered to scan documents into .pdf format and forward to Kim Dayton for posting on the web site. The MSBA has also approached Kim about a Guardianship/Conservatorship Handbook. She will distribute additional information as it becomes available. Julian has a DNR/DNI form with an article explaining definitions that he would like to get posted. Cathryn will send Kim the Medical Assistance Committee meeting notices for posting.

c. NEWSLETTER. The committee is hoping that the next newsletter will be issued shortly. They are still waiting for summaries from some Committee Chairs.

d. STRATEGIC PLANNING COMMITTEE. The council upon motion approved the proposed 2005-2006 Budget and accepted the report from the committee covering council activities for the first half of FY 2005-2006 and including recommendations for council activities for second half of FY 2005-2006. The chair will review the proposals and schedule discussion of committee recommendations at future council meetings. The committee also handed out the MSBA Section Expense Form to be used by the Section when making reimbursement requests to the Treasurer. Jennifer asked that the committee consider presenting a two year budget.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for February 21, 2006 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian Zweber provided an update on the pending federal changes in Medicaid laws which are not likely to be voted upon until sometime in February 2006. Jennifer indicated that an Assisted Living Task force may introduce legislation defining assisted living. She would like the council to review the available materials when they are available.
g. AWARDS COMMITTEE: No activities are planned for the immediate future.

h. BY-LAWS COMMITTEE: No new report.

5. Dues - Deadline to change 3-1-06: Richard Hawke indicated that to increase dues, the section members must approve the change at the annual meeting. Thus there can be no immediate increase in the dues. Current membership dues to joint the section are approximately $15.

6. Amicus committee - should one be formed? Tabled until next meeting.

7. Law Student Networking reception 2-7-06: Jennifer will attend on behalf of the council. Others were encouraged to attend. The reception will be from 5:00 - 7:00 p.m. at the MSBA office.

8. Nominations for David Graven Public Service Award: Nominations of attorneys with distinguished public service are being sought and should be submitted to the MSBA by February 24, 2006 with the award to be given on April 21, 2006.

9. Miscellaneous: The search for a student clerk is continuing. Kathy is going to check on a separate heading for Elder Law in the MSBA Attorney Referral publication. A handout was provided on the difficulties associated with the new Medicare Part D published by the National Senior Citizens Law Center.

10. Next Governing Council Meeting: The next Governing Council meeting will be March 10, 2006, at the MAO Office-2021 East Hennepin, Suite 200, Minneapolis, Minnesota, at 3:00.

8. The meeting was adjourned at 2:00 p.m.

Respectfully submitted,

Cathryn D. Reher

November 17, 2005

Present: Tom O'Connell, Dick Hawke, Vicki Ahl, Stuart Bear, Gina M. Nelson, Julian Zweber, Cathryn Reher, Laurie Hanson, Monica Lewis, Susan Sandahl, Jennifer Wright, Renee Anderson, Bonita Kallestad, Doug Debner, Bob Russell and Lloyd Grooms.

1. Call to Order: The governing council of the Elder Law Section of the Minnesota State Bar Association met on November 17, 2005 at the Minnesota State Bar Association. The meeting was called to order at 3:45 p.m. by Chair, Kathy Eveslage.

2. Approval of Minutes: The minutes for the September 16, 2005, council meeting were approved as amended:

Item 4. Treasurer's Report ended June 30, 2005, instead of July 31, 2005.

Item 5.e. MEDICAL ASSISTANCE COMMITTEE was amended to include that Jeff Schmidt and Cathryn Reher are co-chairs.

Item 5.f. LEGISLATIVE COMMITTEE was edited to read as follows: Julian reported on the activities of the Probate and Trust section and the Planned Giving Council with regard to the trust legislation.

Item 5.g. The Student Clerk Committee will continue as an ad hoc committee and Jennifer Wright will supervise the student clerk and act as research coordinator. Doug Debner will be the chair of the committee. The Council approved budgeting $4,000 for the student clerk position.

3. Lloyd Grooms - "Grass Roots" program: Lloyd Groomes, an attorney at Winthrop & Weinstein, is the MSBA lobbyist. We took this agenda item out of order as he was a guest. He requested that people sign up to be part of the Grass Roots Action Network. Being a delegate of the Grass Roots Action Network means that you are willing to be contacted to meet with a legislative representative or to work on a bill in which you have interest or expertise. You can sign up on the MSBA website.

4. Treasurer's Report: The treasurer's report ending September 30, 2005 was accepted. The treasurer reported that Julian Zweber had requested reimbursement for MSBA Elder Law Section awards issued between 2004 and 2005 amounting to $406.11. The council upon motion approved his request.

5. Committee Reports:

a. NOMINATING COMMITTEE. The council discussed membership attendance and the need for the nominating committee to track council members' attendance at council meetings. For those members that have not regularly attended, the nominating committee will no longer follow up to see if the member wishes to join for another term. If a member misses three meetings within the member's term without good cause, that member is at risk of being removed from the council upon vote of the council.

b. WEBSITE UPDATE. The web site has a space for "What's New". The newsletter will highlight that section members can contribute to this part of the web site. The council members discussed the desirability of a brief bank. "Practiclaw.org" has a library maintained for each section that is coordinated through the MSBA.

c. NEWSLETTER. The committee is seeking article submissions by November 15, 2005 with the hope that the next newsletter will be issued shortly thereafter. After a lengthy discussion, council members agreed that the distribution of the newsletter will be disseminated as approved and reported in the September 16, 2005 Minutes at section 5c.

d. STRATEGIC PLANNING COMMITTEE. Nothing new to report. The next meeting will be held on December 12, 2005 at noon.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for December 20, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian Zweber presented handouts from Families USA and the Henry J. Kaiser Family Foundation regarding the pending federal changes in Medicaid laws. As chair, Julian has started a distribution list for the committee. The committee is working on drafting legislation to repeal the new irrevocable trust legislation.

g. AWARDS COMMITTEE: No activities are planned for the immediate future. Awards were presented by the committee to attorneys Marcus Stubble, Andy Brown, and Cathryn Reher and section law clerk Erin Furlong at the October 2005 Elder Law CLE.

h. BY-LAWS COMMITTEE:
i) The Restated Bar Association Bylaws require that the section select a voting member of the council and an alternate for the Assembly. Jennifer Wright was the 2005 delegate with Bob Russell as an alternate.

ii) The council discussed amending the section's bylaws to include the standing committees listed under Section 5 of these minutes (except for the web site committee). The council discussed having a written procedure for each committee so that the committees would be in place and active at the beginning of each new council year. It was also suggested that there be an appointed Chair and Vice Chair for each committee with the Vice Chair taking over after the chair has served for a year. The section decided to not write in the standing committees and instead to have the Chair confirm the structure of the council for each term.

iii) The council discussed writing into the section's bylaws that, although law students can be members, they do not have voting rights.

4. Request from MSBA - Katrina Relief: Kathy will send out an e-mail encouraging members of the Elder Law Section to donate but according to decisions made in the past, no funds will be forthcoming from our section in this regard.

5. The 2006 MSBA Convention planning. The theme of the 2006 MSBA Convention will be a policy track focusing on controversial themes. They would like committees to put forth proposals for consideration on policy issues. Some ideas were proposed, but no agreement was reached.

6. Survey of members: This was tabled.

7. Next Governing Council Meeting: The next Governing Council meeting will be January 13, 2006, at the MAO Office-2021 East Hennepin, Suite 200, Minneapolis, Minnesota, at noon.

8. The meeting was adjourned at 5:30 p.m.

Respectfully submitted,

Cathryn D. Reher

MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

September 16, 2005

Present: Renee Anderson, , Cynthia Capin, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Thomas R. O'Connell, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on September 16, 2005, at the at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 12:10 p.m. by Chair, Kathy Eveslage.

2. Approval of the Minutes: The minutes for the July 8, 2005 council meeting were approved as written.

4. Treasurer's Report: The treasurer's report ending July 31, 2005 (?) was accepted.

5. Committee Reports:

a. NOMINATING COMMITTEE. Gina volunteered to be the Chair of the committee. The Council approved motions to make the Nominating Committee a standing committee as recommended by the Strategic Planning Committee and to amend the bylaws to reflect this change. The Nominating Committee will send an email message to section members indicating that they can be nominated to serve on Council Committees and subcommittees. The Nominating Committee, with the assistance of Kathy, will also survey the section membership to determine what CLE programs they would like in the future, what benefits they expect from section membership, etc.

b. WEBSITE UPDATE. Kim reported on new additions to the website. Kathy will advise Barbara Goldstein that Kim is working with MSBA on website changes.

c. NEWSLETTER. Jonathon extolled the virtues of Julian and Brigtta with regard to the last newsletter. Jonathon was named the new chair. A newsletter will come out in December that will allow electronic distribution of future newsletters with an opt-out form for those who would like to receive a paper copy. This will save substantial mailing costs.

d. STRATEGIC PLANNING COMMITTEE. Kathy appointed Monica as continuing chair. Current members will continue serving and we will solicit additional members from the section at large.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for October 18, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: Julian reported on the activities of the Probate and Trust section and the Planned Giving Council with regard to the trust legislation. The Legislative Committee will continue to be the supervisor of the student clerk with Jennifer Wright as research coordinator and the Student Clerk Committee will continue as an ad hoc committee. Doug Debner will be the chair if he agrees to serve. The Council approved budgeting $4000 for the student clerk position.

g. PUBLIC EDUCATION COMMITTEE: [I don't have any notes about a report from this committee]

6. New Business:

a. Kathy has received a list of persons dropped from the section due to non-payment of dues. Council members were encouraged to remind their friends to pay their dues.

b. Reimbursement issues. MSBA is finalizing a form to be submitted when reimbursement of expenses is requested. Until then, requests for reimbursement can be sent directly to Dick. Bob suggested that the Council should reimburse mileage expenses for out-state Council members.

c. CLES. Nominating Committee with Kathy's assistance will survey membership regarding possible CLE programs. There was some discussion of having a future meeting of the Council out-state combined with a CLE program.

d. Awards Committee. The Council approved a motion to establish an Awards Committee as a standing committee and to amend bylaws to reflect same. Julian and Lori will serve on the committee along with past winners of the Goodrell award.

e. The next meeting of the Elder Law Governing Council was rescheduled and will be held at the MSBA offices on Thursday, November 17, at 3:30 p.m.

7. The Meeting was adjourned at approximately 1:30 p.m.

Respectfully submitted,

Kim Dayton
Cathryn D. Reher

MINNESOTA STATE BAR ASSOCIATION
Elder Law Section Governing Council
Meeting Minutes

July 8, 2005

Present: Renee Anderson, Linda Bogut, Cynthia Capin, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Thomas R. O'Connell, Cathryn D. Reher, Suzanne M.C. Sandahl, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on July 8, 2005, at the at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:40 p.m. by Chair, Kathy Eveslage.

2. Welcome New Members - Orientation: Chair Kathy Eveslage welcomed new members and reviewed the Elder Law Section mission statement.

3. Approval of the Minutes: The minutes for the April 8, 2005 council meeting were approved as written. Jennifer Wright noted that since our last meeting she learned that the Section representative will not attend the MSBA convention until 2006, although there will be training for the representative this year. She will act as representative unless Bob Russell is willing to do it.

4. Treasurer's Report: The treasurer's report ending May 31, 2005 was accepted. A proposed budget for Fiscal Year 2005-2006 was handed out for review and further discussion at the next council meeting. There is a $1,000 surplus from the Fiscal Year 2004-2005 with a few unpaid bills, including a final payment to the Section's law clerk. The third newsletter was budgeted for Fiscal Year 2004-2005, but will be covered under the Fiscal Year 2005-2006 budget. Members discussed that the new newsletter budget should anticipate at least one hard copy mailing of the newsletter to all Section members.

5. Committee Reports:

a. NOMINATING COMMITTEE. It was noted that there is not a standing Nominating Committee but the Strategic Planning Committee is recommending that one be created. The Council commended last year's committee on their selection process.

b. WEBSITE UPDATE. Kim Dayton will place Council information, such as meeting minutes and handouts on the Section's website. She will coordinate with MSBA for MSBA generated materials to be placed automatically on the website.

c. NEWSLETTER. Brigitta Sharpe has resigned as the Editor-in-Chief of the Section Newsletter. The Council needs a new Editor-in-Chief. The duties of the Editor-in-Chief primarily involve rewriting and editing articles, coordinating with persons submitting articles and completing lay out and design of the newsletter. Jennifer Wright will call Elizabeth Michaelis and Joel Mullen to determine their interest in this position. The next newsletter should be ready for publication within the next week. Council members Jonathan Dyrud and Julian Zweber are willing to contine to serve on the Newsletter Committee. Council members discussed that the first Newsletter for Fiscal Year 2005-2006 should include a coupon for members to indicate whether they want to receive future Newsletters by e-mail only or in hard copy. There are 45 Section members that do not have an e-mail address.

d. STRATEGIC PLANNING COMMITTEE. Members were given a handout entitled: Report of the Strategic Planning Committee Covering Council Activities for Fiscal Year 2004-2005 Including Recommendations for Council Activities for Fiscal Year 2005-2006. Monica Lewis made a presentation regarding the Committee's recommendations that were subsequently discussed by members. Kathy Eveslage will be contacting the chairs for the Standing Committees and bringing her recommendations to the next Council meeting. She will also prepare an e-mail for MSBA to disseminate to the Section members to determine member interest in serving on the various committees. This information will also be posted to the Section's website. Kim Dayton will prepare an article for an upcoming newsletter outlining committee opportunities. Members should come prepared to discuss the Strategic Planning Committee recommendations. The current Committee structures will be maintained until the next Council meeting.

Council upon motion did approve the formation of an ad hoc committee to review the Section's bylaws and recommend changes, including those to conform the bylaws to the MSBA governance requirements. Tom O'Connell, Sue Sandahl and Richard Hawke have all volunteered for this committee. Gina Nelson will be contacting non-Council members and determining their interest in joining the ad hoc committee.

e. MEDICAL ASSISTANCE COMMITTEE. The next meeting of the Medical Assistance Committee is scheduled for August 16, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

f. LEGISLATIVE COMMITTEE: The Committee is on hiatus until the legislature reconvenes.

g. PUBLIC EDUCATION COMMITTEE: The committee continues to meet regularly. Updates to the outlines are in process. Preparation of public education materials on Medicare Part D will be the next focus for the committee.

6. MSBA - Bench & Bar Request : The MSBA Bench & Bar requested the Elder Law Section supply summaries of recent cases, legislative developments and emergent issues for its "Notes & Trends" section. The request was referred to the Newsletter Committee.

7. New Business: Upcoming meetings of the Elder Law Governing Council will be held at the MAO offices located at 2021 E. Hennepin Avenue, Suite 200, Minneapolis, MN and have been scheduled for: Friday, September 16, 2005 at 12 p.m. and Friday, November 18, 2005, at 3:00 p.m.

8. The Meeting was adjourned at 5:30 p.m.

Respectfully submitted,

Cathryn D. Reher

Governing Council, Elder Law Section
Annual Meeting
June 9, 2005

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 9, 2005 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. Members present appointed Gina Nelson as acting chair and the meeting was convened at 5:00 p.m.

The following business was conducted at that meeting:

1. Approval of Minutes from 2004 Annual Meeting. Upon motion duly made and seconded, the membership voted to approve the Minutes from the 2004 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2005 was approved.

3. Annual Elder Law Institute. The Annual Elder Law Institute has been scheduled for October 20 and 21, 2005 at the Minnesota State Bar Association CLE Center.

4. Nominating Committee Report. Nominating committee chair Gina Nelson presented the slate of officer and governing council member nominees to replace some of the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

5. Election of Governing Council Officers and Members. Upon motion of the nominating committee chair Gina Nelson and seconded by Douglas Debner, the membership voted to approve and duly elect the slate of officers and council members to serve until their successors be elected and take office.

6. New Business. The next meeting of the Elder Law Governing Council will be held at 3:30 p.m. on July 8, 2005 at MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

7. Adjourn. There being no further business to come before the meeting, the meeting was duly adjourned at 5:17 p.m.

Respectfully submitted,

Cathryn D. Reher
Secretary, Elder Law Governing Council

Governing Council, Elder Law Section
April 8, 2005

Present: Douglas J. Debner, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Laurie A. Hanson, Monica Lewis, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber, Natasha Merz, Erin Furlong, Joel Mullen

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on April 8, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 12:15 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The approval of the February 11, 2005 minutes was deferred until the next Council meeting.

3. Nominating Committee: No action has been taken since the last Council meeting. Therefore the Council approved by motion to appoint Gina Nelson as Chair with Jennifer Wright and Lori Guzman as committee members. The committee chair is to e-mail the slate to the Elder Law Section membership by the end of May 2005, with notice to the membership in the next newsletter publication that the Council is looking for slate members.

4. Annual Meeting: The annual meeting of the Elder Law Section will be June 9, 2005 at 5:00 p.m. at the Minneapolis Convention Center following the conclusion of the first day of the MSBA Probate and Trust CLE.

5. Next Governing Council Meeting: The next meeting of the Governing Council will be July 8, 2005 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

6. MSBA Convention: The Council approved by motion to appoint Jennifer Wright as the Elder Law Section representative, with Robert Russell and Julian Zweber as alternates, to attend the MSBA Convention being held June 15-17, 2005.

7. Treasurer's Report: The treasurer's report for the period ending February 28, 2005 was approved by motion. The expenditure for the law clerk position is under the amount budgeted, but as a precaution, the Council approved by motion to authorize the Executive Committee to approve an overage of the budgeted amount if necessary. The law clerk expenditures should include an exit interview to be conducted by the Student Law Clerk Committee.

8. Committee Reports:

WEBSITE: Kim Dayton has updated the MSBA Elder Law Section website. E-mail her with suggestions for the website.
NEWSLETTER: Brigitta Sharpe and Jonathan Dyrud reported that the format for the newsletter to be issued by the end of May 2005 will be similar in format to the last newsletter and will include the following general topics: 2-4 main articles; "did you know" section; legislative update; updated MA/government program figures; upcoming events and announcements; web resources related to newsletter articles; and slate for 2005-2006 Council membership. Articles and information for the newsletter can be sent to brigittasharpe@hotmail.com.

STRATEGIC PLANNING: No report. The committee will be meeting to prepare a Council budget for 2005-2006 to be presented at the next Council meeting.

MEDICAL ASSISTANCE: The next meeting is scheduled for April 19, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

LITIGATION: No report.

LEGISLATION: Julian Zweber and law clerk Erin Furlong provided a legislative update. All proposed legislation in the Minnesota House and Senate that was presented at the last Council meeting is still pending.

PUBLIC EDUCATION: No report.

9. MSBA Elder Law Institute: Council members were asked to sign up if interested in assisting with the planning of the MSBA Elder Law Institute that is tentatively schedule for October 20 and 21, 2005.

10. New Business: Kathy Eveslage presented an update on legislation regarding creditor collection against vulnerable adults. Kathy also was looking for assistance at two upcoming talks she has regarding completion of health care directives. Cathryn Reher discussed a proposal from Sue Mattson of Wright County regarding the drafting of legislation to create an oversight board of the administrative appeals process. Jennifer Wright discussed an Elder Law Mentor Program to match law students with practicing attorneys.

11. Old Business: Law student Joel Mullen of the Hamline University School of Law introduced himself and will fill the vacant student member position through June 2005.

12. The Meeting was adjourned at 1:45 p.m.

Respectfully submitted,

Cathryn D. Reher

Governing Council, Elder Law Section
February 11, 2005

Present: Linda Bogut, Cynthia Capin, Kim Dayton, Douglas J. Debner, Kathy Eveslage, Erin Furlong, Lori L. Guzman, Laurie A. Hanson, Richard D. Hawke, Bonita Kallestad, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on February 11, 2005 at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota. The meeting was called to order at 3:40 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the December 10, 2004 council meeting were approved as written with a correction deleting the first sentence of the section entitled Public Education and Website Committee Report.

3. Treasurer's Report: The treasurer's report for the period ending December 31, 2004 was approved by motion. The Council approved by motion to authorize the Treasurer to approve the purchase a speaker system if the old system cannot be located or is outdated.

4. Committee Reports:

NOMINATING COMMITTEE: No action has been taken since the last Council meeting.

MEDICAL ASSISTANCE: The next meeting is scheduled for February 15, 2005 at Maser & Aumndson at 3:30 p.m. Cathryn Reher will look into whether the meeting place for the Medical Assistance Committee will be changed to the MAO Office.

LITIGATION: No report.

LEGISLATION: Julian Zweber provided the following materials with comment:

a. DHS proposed legislation to add to 501B.89 and expand Medical Assistance estate recovery to include recovery against certain trusts and annuities.
b. Secretary of Health and Human Services Mike Leavitt's Statement to the World Health Care Congress dated February 1, 2005.
c. Senate File No. 175; House File No. 66; and House File No. 214, which are different bills regarding repeal of Medical Assistance estate recovery provisions.

The Council's new law clerk Erin Furlong was introduced to the Council and attended part of the meeting. She will be employed by the Council through the end of the winter/spring 2005 semester.

PUBLIC EDUCATION: Richard Hawke will report to the Governing Council on behalf of the Committee Chairs. A Ramsey County Bar Association Senior Issues CLE is scheduled for February 17, 2005. Barbara Blumer will be presenting the topic "Navigating HIPPA".

WEBSITE: Kim Dayton has registered the domain name "mnelderlaw.com" for use by the Council. She would have the ability to scan documents for distribution to Council members. Members confirmed that we do not have a list serve for the Council but only a list of Council members' e-mail addresses.

STRATEGIC PLANNING: No report.

NEWSLETTER: The newsletter is postponed until mid-March 2005 so that the 2005 legislative updates can be included. This will be the final issue that Brigitta Sharpe will help prepare.

5. New Business:

a. Estate List serve issues. Michael Trittipo of the Minnesota State Bar Association notified the Chair of concerns raised by a section member about the discussion of sensitive topics on the Estate List serve and inquiring whether the Council wanted to respond to the concerns. Council members were not opposed to including a disclaimer that the list serve is a forum for public discussion, but did not think such a disclaimer was necessary.

b. Practicelaw.org - Elder law forms. Tabled.

c. Law Day - May 1, 2005. Members interested in participating should contact Lori Guzman.

d. Lorman Education Services. If anyone is interested in putting together a Medical Assistance program for late spring/early summer, contact Lori Guzman for more information.

e. Annual Meeting. Tabled.

6. Old Business: Council approved by motion having law student Joel Mullen of the Hamline University School of Law fill the vacant student member position through June 2005 if he is interested.

7. Upcoming CLEs:

a. Minnesota CLE - MA Planning for Persons Under Age 65 - March 14 - Minneapolis
b. PESA - Elder Law & Special Needs Trusts - April 22 - Bloomington
c. DARTS - Eliminating Bias & the Elderly Client - May 19 - West St. Paul.

8. Meetings: The next meeting is on Friday, April 8, 2005 at 12:00 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, Minnesota.

9. The Meeting was adjourned at 5:10 p.m.

Respectfully submitted,

Cathryn D. Reher

Governing Council, Elder Law Section
December 10, 2004

Present: Vicki M. Ahl, Robert Collins, Kim Dayton, Jonathan Dyrud, Kathy Eveslage, Lori L. Guzman, Sharon Kirts, Lynn P. Lindsay, Gina M. Nelson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on December 10, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 12:25 p.m. by Kathy Eveslage.

2. Approval of the Minutes: The minutes for the October 14, 2004 council meeting were approved with a clarification that one of the uses of a section web site could be a public directory of elder law attorneys.

3. New Business: The Chair Lori Guzman appointed Vicki Ahl chair of the Nominating Committee to select Council Members for 2005. Jeff Schmidt has agreed to be a member of the committee. The committee will determine if a non-member, such as Lisa Bowen would be willing to serve on the committee.

4. Treasurer's Report: The treasurer's report was approved.

5. Committee Reports:

MEDICAL ASSISTANCE: The next regularly scheduled meeting is December 21, 2004 at the law firm of Maser & Amundson.

LEGISLATIVE: The Committee is awaiting the Governor's budget on Medical Assistance. Representative Fran Bradley will be heading up the Health and Human Services Policy and Finance Committees. Senator Berglin will head up the Health and Human Services Finance Committee and Senator Loury the Health Care Policy Committee. Monitoring possible repeal of Medical Assistance estate recovery legislation.

LITIGATION: Case pending in Ramsey County District Court challenging Medical Assistance claim against life estate with anticipated hearing on December 14, 2004.

PUBLIC EDUCATION AND WEBSITE: Meetings of the Committee are no longer being held in St. Paul proper. The next meeting will be held at Hamline University School of Law. Barbara Blumer may be a speaker at next meeting to discuss HIPAA laws. AARP continues to express an interest in coordinating with the Council on a Medical Assistance public education program. Betty Berger and Barbara Goldstein co-chair the committee. Concern was raised about having a liaison with the Council and Sharon Kirts will follow up with Barbara Goldstein on this.

NEWSLETTER: The Council approved by motion official recognition of Brigitta Sharp's extensive efforts with the section newsletter. The next newsletter is scheduled for January 2005 and Brigitta is committed to assisting the committee through that publication. The Committee has decided there will be four annual publications, with two larger publications and two shorter ones. Suggested inclusions in the newsletters would include: 1) 2 substantive articles; 2) links to pertinent web sites; 3) legislative update; 4) updated Medical Assistance figures; 5) current interest/practice tips; and 6) announcements of upcoming events. Committee suggestions for additional subjects included: 1) favorite resources; 2) elder law calendar; 3) contact source for members to give feedback and input on the newsletter. The Council approved by motion the mailing of the next newsletter to all section members and electronic mailing to small, solo, and young lawyers. Subsequent newsletters would be electronically sent to section members or by mail upon written request.

STRATEGIC PLANNING: The committee adopted the Council's budget recommendations but otherwise had nothing new to report.

6. Upcoming CLEs and Educational Opportunities. The Minnesota State Bar Association Medical Assistance CLE is scheduled for March 14, 2005. In February 2005, the Real Estate and Probate Sections will have a session on Medical Assistance and there is a ProBono CLE that will focus on disadvantaged clients. DARTS in Dakota County offers CLE credits on various topics for attorneys and financial planners.

7. Old Business:

Web site Design. Kim Dayton contacted the MSBA regarding upgrading the web site for the section. There is no charge to maintain the site. It is possible to modify aspects of the site. Next year section announcements will automatically be incorporated. Articles can be added in compressed format to the web site at a charge of about $25 an hour. There is no way to password protect the site. The approved budget should be sufficient to cover costs. The goal is to redesign the site and provide good content in order to create a culture of use. Kim did not yet specifically investigate creation of an elder law attorney directory. The Council approved by motion Kim's continued discussions with the MSBA about improving the web site. Sharon Kirts will contact Barbara Goldstein about the web master position and any desire for assistance.

Law Clerk Position. Julian Zweber is the Chair and Jennifer Wright is the Vice Chair for the Law Clerk Hiring Committee. The Committee submitted a written report dated December 10, 2004. Twenty applicants applied for the law clerk position and there are 8 potential candidates. The law clerk position will hopefully be filled before January 20005 with the law clerk's start date the second week of January 2005. Julian would supervise legislative work and Jennifer would supervise legal research projects. The council approved by motion: 1) the law clerk job description; 2) the screening of applicants; 3) authorization of the committee to hire a law clerk; authorization of the committee to pay the law clerk with a budget cap of $4,000 ($1,000 in excess of the Council's previously approved budget); 4) the committee's supervisory role of the law clerk with reports by the Chair to the Council. Tabled until the next meeting is the law clerk's reporting requirements to the council.

Council opening/student position. The Council approved motion tabling this agenda item until the next Council meeting.

8. Meetings: The next meeting is on Friday, February 11, 2004 at 3:30 p.m. at the MAO Office located at 2021 E. Hennepin, Suite 200, Minneapolis, MN 55413.

9. The Meeting was adjourned at 1:50 p.m.

Respectfully submitted,

Cathryn D. Reher

Governing Council, Elder Law Section
October 14, 2004

Present: Vicki M. Ahl, Robert Chesley, Kim Dayton, Douglas J. Debner, Lori L. Guzman, Richard D. Hawke, Bonita Kallestad, David Kuehner, Monica Lewis, Lynn P. Lindsay, Gina M. Nelson, Ray Peterson, Cathryn D. Reher, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on October 14, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 5:00 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the July 9, 2004 council meeting were approved on motion with correction of the "Martin" case to the "Marten" case.

The Council approved motion tabling the following agenda items until the next Council meeting.
a. Nominating Committee - Appoint Chair and Committee Members:
b. Committee Reports:
MEDICAL ASSISTANCE:
LITIGATION:
LEGISLATION:
PUBLIC EDUCATION AND WEBSITE:
NEWSLETTER:
c. Elder Law Institute - October 14 and 15, 2004:
d. Old Business:

3. Future Governing Council Meetings: The Council approved by motion the following meeting schedule:

December 10, 2004 12:00 p.m. MSBA Office
February 11, 2004 3:30 p.m. MAO Office
April 8, 2004 12:00 p.m. MAO Office
June 10, 2004 3:30 p.m. MAO Office

Meetings at the MAO Office are contingent on completion of remodeling at the site and adequate phone conferencing ability. The MAO office is located at 2021 E. Hennepin, Suite 200, Minneapolis, MN 55413. The contact at MAO is Monica Lewis.

4. Treasurer's Report and Strategic Planning Committee: The budget process was delegated to the Strategic Planning Committee. The third page of the Treasurer's report reflected the Strategic Planning Committee's proposed budget. The treasurer's report, copy attached hereto, was approved on motion with proposal for discussion of future development line items.

Council approved motion to allocate $1,000 towards web site development with Kim Dayton to coordinate discussions with the MSBA and report back. The web site is intended to create a public directory of elder law attorneys.

Council approved motion to allocate $3,000 towards retention of law clerk. Council approved motion to establish law clerk subcommittee. Lori Guzman appointed Julian Zweber as Chair of the subcommittee and Gina Nelson, Jennifer Wright and Doug Debner as subcommittee members.

5. New Business: Gina Nelson was a student member of the Council and has now graduated. Lori Guzman will check the Bylaws to see if Gina can be promoted to a voting member. Robert Eaton has resigned and there is currently a vacancy that Gina could fill. Gina will also see if she can find another student that wants to participate as a student member.

Jennifer Wright indicated that AARP is putting together long term care education seminars and would be interested in working with the Council.

6. Meetings: The next meeting is on Friday, December 10, 2004 to be held at 12 noon at the MSBA office.

7. The Meeting was adjourned at 6:05 p.m.

Respectfully submitted,

Cathryn D. Reher

Governing Council, Elder Law Section
July 9, 2004

Present: Linda Bogut, Stuart C. Bear, Kathy Eveslage, Lori L. Guzman, Laurie Hanson, Richard D. Hawke, Bonita Kallestad, Sharon Kirts, Monica Lewis, Lynn P. Lindsay, Raymond J. Peterson, Robert L. Russell, Suzanne M.C. Sandahl, Jeffrey W. Schmidt, Jennifer L. Wright, Julian J. Zweber

1. Call to Order: The governing council of Elder Law Section of the Minnesota State Bar Association met on July 9, 2004 at the Minnesota State Bar Association office in Minneapolis, Minnesota. The meeting was called to order at 12:15 p.m. by Chair, Lori Guzman.

2. Approval of the Minutes: The minutes for the Annual Meeting held on June, 17, 2004 were approved as written.

3. Treasurer's Report: The treasurer's report was accepted. The proposed budget has been referred to the strategic planning committee.

4. Committee Reports:

MEDICAL ASSISTANCE: Jeff Schmitz reported that they continue to meet every other month. Next meeting is July 17th at Kris Maser's office in Richfield.

LITIGATION: No official report. Bob Collins agreed to be temporary chair and is keeping track of things.

Julian Zweber talked about what is happening in the Martin case in Todd County. Which started as an appeal of an administrative decision (in which the appeals referee would not hear constitutional issues and upheld the county's decision) in district court by a life tenant challenging the imposition of a Medical Assistance lien on a life estate interest. The court allowed the remainderman to intervene in the law suit. The life tenant died after the law suit was commenced, mooting the appeal. Now the plaintiff son agreed to withdraw the appeal and has filed a declaratory judgment action. The (potential) NPC is being challenged on constitutional grounds, one of which is impairment of contract. They are also challenging the use of the mortality table as a rebuttable presumption when the figures have no basis in fact. The retroactive application of the law is also being challenged. The issue now is whether or not there is a dispute that can be litigated. (Ripeness issue because the NPC has not yet been filed). It probably is ripe because the claim goes on forever, even if the NPC has not been filed, even to the point where it could be traced to bona fide purchasers.) Join the litigation committee for updates. The attorneys are litigating this pro bono.

LEGISLATION: Julian Zweber reviewed what happened in the legislature this past session. The life estate/joint tenancy law was not repealed or amended. Julian sent a letter to Senator Berglin thanking her for changing her position with regard to the life estate/joint tenancy laws and requested that she publicly withdraw her support for the waiver request. Julian asked if there was anyone interested in joining the committee. Notify Julian by email julianzweber@qwest.net if you are interested in joining the committee (and the litigation committee as well.)

PUBLIC EDUCATION AND WEBSITE: Discussed ideas for use of funds to put on the web site including an elder law attorney directory and a forms directory for current Medical Assistance forms. Lori Guzman reported that she can get an electronic list of the members and also find out if we can publish such a directory. She will give this information to the strategic planning committee and they will include it in a budget line item. We will take this up as a group at the next meeting. We discussed that there is no elder law category on the bar's referral: www.mnfindalawyer.com. The question is, should there be? Or should there be some other category that would be more helpful to the public.

STRATEGIC PLANNING: Julian Zweber, Jeff Schmitz, Kathy Eveslage, Jennifer Wright and Monica Lewis are on this committee and are going to meet soon to discuss next year's budget. The committee will come back to the September meeting with a budget. Monica asked the council for suggestions about the use of our money? Do we want to do any public education? An educational luncheon for lawyers? What special projects do we want to do? We discussed the directory (see above), supporting the education committee projects in St. Paul. Also the outlines are on the web sites from those seminars. Monica will send the mission statement out to everyone and ask for suggestions.

NEWSLETTER: Julian Zweber, Vicki Ahl, Sharon Kirts, Jonathan Dyrud are on the newsletter committee. Committee members need to advise the editors as to the topics of the next newsletter and who should be contacted.

NOMINATING COMMITTEE: Lori wants to get that started right away. A slate needs to be ready by next March. This was deferred to the September meeting.

5. New Business: The Elder Law Institute is October 14 and 15.

Moved and seconded that Julian Zweber will chair the nominating committee from Mary Alice Gooderl award.

We then discussed whether or not to change the time and place of the Governing Council meeting and decided that the next meeting should be on Thursday evening, October 14, 2004 after the Thursday session of the MSBA Elder Law Institute. We are thinking about having meetings in October and February in conjunction with the Elder Law Institute and the Medical Assistance seminar. We will talk about this at the meeting in October.

6. Old Business: None.

7. Meetings: THE NEXT MEETING IS THURSDAY EVENING OCTOBER 14, 2004. INFORMATION ON TIME AND PLACE WILL BE FORTHCOMING.

8. The Meeting was adjourned at 1:45 pm

Respectfully submitted,

Laurie Hanson for
Secretary Cathryn D. Reher

Governing Council, Elder Law Section
Annual Meeting
June 17, 2004

A meeting of the general membership of the Elder Law Section of the Minnesota State Bar Association was held on June 17, 2004 in connection with the annual Minnesota State Bar Association Probate and Trust Law CLE held in Minneapolis, Minnesota. The members present at the meeting constituted a quorum under the By-Laws for the Elder Law Section. The meeting was called to order at 12:30 p.m. by the chair of the section, Lori L. Guzman.

The following business was conducted at that meeting:

1. Approval of Minutes from 2003 Annual Meeting. Upon motion duly made and seconded, the membership voted to approve the Minutes from the 2003 Annual Meeting.

2. Treasurer's Report. Upon motion duly made and seconded the Treasurer's Report for the period ending April 30, 2004 was approved.

3. Annual Elder Law Institute. The Annual Elder Law Institute has been scheduled for October 14 and 15, 2004 at the Minnesota State Bar Association CLE Center.

4. Nominating Committee Report. Nominating committee chair Tom O'Connell presented the slate of officer and governing council member nominees to replace all of the current officer positions and fill certain of the council members' positions whose terms are expiring and/or who have resigned.

5. Election of Governing Council Officers and Members. Upon motion of the nominating committee chair Tom O'Connell and seconded by Julian Zweber, the membership voted to approve and duly elect the slate of officers and council members to serve until their successors be elected and take office.

6. New Business. The next meeting of the Elder Law Governing Council will be held at the Minnesota State Bar Association office on either July 9, 2004 or July 16, 2004 and clarification as to the date is required. Members were encouraged to review the recently published Spring 2004 Elder Law Newsletter. Coordinating nominations for the Mary Alice Gooderal award was discussed. Richard Hawke thanked retiring members and the nomination committee for its efforts.

7. Adjourn. There being no further business to come before the meeting, the meeting was duly adjourned at 3:40 p.m.

Respectfully submitted,

Cathryn D. Reher
Secretary, Elder Law Governing Council

- Last Updated 06/13/2013 -