Vulnerable Adults

VULNERABLE ADULTS

Prepared by:
Ron Elwood, Supervising Attorney
Legal Services Advocacy Project
651-842-6909
relwood@mnlsap.org


I. COMPLAINTS BY VULNERABLE ADULTS AGAINST HMOs and NURSING HOMES
Chapter 43, Sections 2 and 17 (SF 887)
Amends Minn. Stat. §§ 62Q.106; and 144A.53, subd. 2
Effective August 1, 2013

A. Health Maintenance Organizations (HMOs)
Directs the Department of Health (MDH) - when investigating a complaint filed against a health maintenance organization (HMO) regarding a vulnerable adult -- to interview at least one family member of the complainant or the subject vulnerable adult. Requires MDH to note in the file if the complainant or subject does not want any family members to be interviewed.
Amends Minn. Stat. §§ 62Q.106

B. Nursing Homes
Requires Investigators - when investigating a complaint filed with the Minnesota Office of Health Facility Complaints against a nursing home regarding a vulnerable adult - to interview at least one family member of the subject vulnerable adult. Requires a note be made in the file if the vulnerable adult is directing his/her own care and does not want the investigator to contact the family. Requires that complainants receive copy of the completed report.
Amends Minn. Stat. §§ 144A.53, subd. 2


II. FINANCIAL EXPLOITATION
Chapter 5 (HF 90)
Adds Minn. Stat. § 609.2335, subds. 4 and 5
Various Effective Dates

A. Aggregation
Permits the aggregation of the value of money or property or services received by a defendant within any six-month period. Allows the defendant to be prosecuted in any county in which an offense was committed, if offenses were committed in more than one county.
Note: This provision then permits the penalty to be imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, as provided under Minn. Stat. § 609.2335, subd. 3.
Adds Minn. Stat. § 609.2335, subd. 4
Effective August 1, 2013, and applies to crimes committed on or after that date.

B. Venue
Provides that, notwithstanding Minn. Stat. § 627.01, an offense committed governed by the new provisions may be prosecuted in: (1) the county where any part of the offense occurred; or (2) the county of residence of the victim or one of the victims.
Adds Minn. Stat. § 609.2335, subd. 5
Effective August 1, 2013


III. POWER OF ATTORNEY
Chapter 23 (HF 232)
Amends Minn. Stat. §§ 523.20; 523.23, subd. 1; and 523.24, subds. 8 and 14
Adds Minn. Stat. §§ 523.23, subd. 6; and 523.25
Various Effective Dates

A. Statutory Short Form
Modifies the statutory short form by: (1) clarifying that the form governs financial matters but does not give the attorney-in-fact power over the principal's health care decisions; (2) defaulting to a prohibition on self-gifting; (3) providing clear options on limiting self-gifting; (4) requiring affirmative notation for granting any self-gifting power; and (5) requiring a signed acknowledgment that the understands and accepts the scope and limitations of the powers granted.
Amends Minn. Stat. § 523.23, subd. 1
Effective January 1, 2014, and applies to powers of attorney executed on or after that date

B. Notices

1. To Principal
Deletes existing notice to principal at the beginning of the existing statutory short form. Substitutes a separate and expanded notice to - and which must be initialed by -- the principal indicating, among other things: (1) that the powers granted do not extend to health care decisions; (2) that the attorney-in-fact must keep complete records; (3) that the principal has the right to demand an accounting; (4) that the attorney-in-fact is personally liable for injury to the principal as a result of actions taken in bad faith; (5) how the power of attorney may be revoked; and (6) that the attorney-in-fact must act with the principal's interest utmost in mind.
Amends Minn. Stat. § 523.23, subd. 1
Effective January 1, 2014, and applies to powers of attorney executed on or after that date


2. To Attorney-in-Fact
Adds separate and expanded notice to - and which must be initialed by - the attorney-in-fact indicating, among other things, that the attorney-in-fact: (1) must act with the interests of the principal utmost in mind; (2) must exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs; (3) must render an accounting upon request of the principal; and (4) is personally liable for injury to the principal as a result of bad faith acts.
Amends Minn. Stat. § 523.23, subd. 1
Effective January 1, 2014, and applies to powers of attorney executed on or after that date

C. Limitation on Powers
Clarifies that the powers conferred by the principal to the attorney-in-fact through the Statutory Short Form Power of Attorney do not extend to health care decisions.
Amends Minn. Stat. § 523.24, subd. 14
Effective August 1, 2013

D. Judicial Relief
Permits the principal or an interested person to petition the court for a protective order directing an attorney-in-fact to provide an accounting. Allows the court discretion to provide other relief as available under state law governing the protection of property of protected persons and guardianship and conservatorship under Minn. Stat. §§ 524.5-401 to 524.5-502. Entitles a prevailing plaintiff to recover attorney fees.
Adds Minn. Stat. § 523.26
Effective August 1, 2013 and is retroactive

E. Effect on Existing Powers of Attorney
Provides that the changes in the form or made by the new provisions do not invalidate or impair a power of attorney executed before January 1, 2014.
Adds Minn. Stat. § 523.23, subd. 6
Effective August 1, 2013