Civil Law

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 9:30 a.m.

Transfer on Death Deeds: Pros, Cons and Consequences
What are the specific requirements of the new law? What are the benefits and concerns about this new estate planning tool? What are the impacts on estate taxes, gift taxes, income taxes, Medical Assistance and homesteading?
– Suzanne M. Sandahl

9:30 – 10:15 a.m.

Annuities and Medical Assistance
After waiting more than two years, DHS has issued guidance on the treatment of annuities under the Deficit Reduction Act of 2005. This session will provide practical advice on how to counsel your clients with regard to their annuities in relation to Medical Assistance.
– Cathryn D. Reher

10:15 – 10:30 a.m.

BREAK

10:30 – 11:15 a.m.

Long-Term Care Partnership Program: Diamond in the Rough or Broken Glass?
The anatomy of long-term care insurance including coverage, contractual matters, terminology, tax issues and the Long-Term Care Partnership.
– Jody A. Cohen Press

11:15 – 12:00 p.m.

Landlord Tenant Law and Fair Housing: Issues for Seniors
Some of the many implications of fair housing laws and Minnesota landlord tenant law for tenants of senior housing, assisted living, memory care residences, and corporate adult foster programs will be examined.
– Aisha Anderson Bierma & Barbara J. Blumer

12:00 – 1:00 p.m.

LUNCH (on your own)

1:00 – 1:45 p.m.

Assisted Living: Consumer Protection
Deb Peterson of the Minnesota Attorney General’s Office will discuss the complaints regarding assisted living facilities that her Office sees from consumers, families, legal representatives, regulating agencies, county social services, ombudsmen, and residence employees. Ms. Peterson will also outline the resources available to the Attorney General’s Office to resolve, educate and prevent problems. Then, Pook Grathwol will discuss assisted living facilities and the duty to schedule the LTCC. The recent trend at facilities is to accept the EW program after a year of private pay to the facility. Frequently, there is no social worker on staff at the assisted living facility to assist families in applying for EW though the County has generally relied on the assisted living facility to schedule an EW screening. The law requires the County to initiate and oversee the screening. Caught in this vortex of shifting responsibility, families are denied tens of thousands of dollars in benefits each year.
– Margaret M. Grathwol & Deborah R. Peterson

1:45 – 2:00 p.m.

BREAK

2:00 – 2:45 p.m.

The Price of Admission: What You Need to Know About Nursing Home Admission Agreements
As nursing homes struggle to stay financially afloat, the nursing home admission agreement can come back to haunt the resident and loved ones. Whether you advise clients or are helping your elderly parent, this session focuses on what you need to know. We will look at governing law and bases of liability under nursing home admission agreements, review recent litigation, and explore the use of arbitration clauses in nursing home admission agreements.
– Susan T. Peterson

2:45 – 3:30 p.m.

Special Needs Trusts: Troubling Trustees and Bothersome Beneficiaries
Trustees and beneficiaries have crazy ideas about what constitutes "proper" distributions from a Special Needs Trust. With stories, suggestions, warnings and insight gleaned from long experience, this panel of special needs planners will sort through the dos and don’ts of Special Needs Trust administration. Come prepared with your questions and stories as well.
– Randy F. Boggio, Robert G. Gunderson, Lori L. Guzman, Laurie Hanson & Jeffrey W. Schmidt