ELDER LAW HANDBOOK - LINKEDLAW
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ITEM #:  60096200   |   PUBLISHED:  DECEMBER 10, 2018
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Elder Law Handbook, 4th Edition

Edited by Mark Anderson, Cathryn Reher, Suzanne Scheller & Julian Zweber

Beginning with the premise that the essential challenge in elder law is developing and implementing a broad skill set spanning numerous practice areas, the Fourth Edition of Minnesota CLE’s Elder Law Handbook is written as a guide to help users develop the base of knowledge needed to address concerns of individuals and families who are suffering or planning for the impact of significant and chronic illness or disability. The chapters have been reorganized to address issues in the same order a lawyer might address them with a client, and with sufficient thoroughness to avoid leaving critical issues off the checklist. Editors Mark Anderson, Cathryn Reher, Suzanne Scheller, and Julian Zweber have reorganized and expanded this edition significantly in coordination with an outstanding roster of highly regarded elder law practitioners. The Fourth Edition represents a dramatic improvement to an already indispensable manual. Order yours today!

2018 UPDATE
The 2018 Update to the Elder Law Handbook includes changes to 20 out of the Handbook’s 23 chapters, including significant changes to the Tax and Medicare chapters, and more! The Update also includes an all new Glossary of Acronyms used in this acronym-heavy practice area, making the Elder Law Handbook even more user friendly! The Update brings your Deskbook fully up to date, saving valuable time otherwise lost to research and allowing you to spend more precious hours serving your clients.

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PART A: REPRESENTING SENIORS

CHAPTER 1
Ethics
Introduction; Who Is the Client?; Representing Clients With Diminished Capacity
– Eric T. Cooperstein

CHAPTER 2
Organizing Information
Introduction; Contents of a Planning Notebook
– Laurie Hanson

CHAPTER 3
The Planning Process: Surrogate Decision-Making and Basic Estate Planning
Introduction; Financial Management; Health Care Management; Planning for Death; Appendix A – Minnesota Statutory Short Form Power of Attorney; Appendix B – Minnesota Bankers Association Legal Compliance Bulletin LC-7-2006
– Laura Zdychnec & Mary Watson

CHAPTER 4
Taxes 
Introduction; General Rules Regarding the Sale of Capital Assets; Other Miscellaneous Income Tax Issues; Gift and Estate Tax Provisions; Qualified Retirement Accounts; Appendix A – Life Estates Mortality Table – EPM Appendix G; Appendix B – IRS Applicable Federal Rates – June 2012; Appendix C – Certificate of Chronically Ill Status; Appendix D – Tax Return Samples; Appendix E – Important Rules and Deadlines Summary
– Bryan Jamison & Richard Baum

CHAPTER 5
The Vulnerable Adults Act 
Introduction and Background; the Vulnerable Adults Act – Defining Maltreatment; Vulnerable Adults Act – Reporting Suspected Maltreatment; Vulnerable Adults Act – Processing a Maltreatment Report; Application of the Act; Limitations of the Act; Summary of Legislative Changes; Other State Vulnerable Adults Legislation; Federal Vulnerable Adult Legislation; Appendix A – OHFC Complaint Form
– Suzanne M. Scheller


PART B: PAYING FOR LONG-TERM CARE WITHOUT MEDICAL ASSISTANCE

CHAPTER 1
Medicare for Nursing Home or Community Care 
Overview and Regulatory Reference; Participants in the Medicare System; Who May Receive Medicare; Hospital Stays; Long-Term Care Facilities; Home Health Care; Hospice Care; Ambulance Service; Appendix A – Medicare Monthly Premiums; Appendix B – What Costs Are Covered; Appendix C – Abbreviations
– Margaret Barrett

CHAPTER 2
Long-Term Care Insurance
Introduction; Qualified Long-Term Care Insurance Policy; Partnership Long-Term Care Insurance Policy; Partnership-Approved Insurers; Regulation of Insurance Companies, Agents, and Agencies; Consumer Information and Enforcement Action Websites; Claim Disputes, Premium Increases, and Litigation; Appendix A – Glossary of Long-Term Care Insurance Terminology
– Jody A. Cohen-Press & Elizabeth I. Wrobel

CHAPTER 3
Veterans Benefits
Minnesota Benefits; Federal Benefits; VA Health Care Benefits; Veterans with Service-Connected Disabilities; Pension; Burial and Memorial; Dependents and Survivors Benefits
– Mary Frances M. Price

CHAPTER 4
Alternative Care and Essential Community Supports
Introduction; Eligibility for Alternative Care; Changes Affecting Lower Need Individuals (Case Mix “L”); Essential Community Supports and Ineligibility for Alternative Care; Services Covered Under Alternative Care; Alternative Care Program Administration and Case Management; Care Providers; Alternative Care Program Funding, Allocation of Funding, and Fees; Estate Recovery; the Future of Alternative Care; Conclusion
– Allison J. Frasier

CHAPTER 5
Reverse Mortgages 
Introduction; the Home Equity Conversion Mortgage Program; the Home Equity Conversion Mortgage Application Process; Borrower, Property, and Disclosure Requirements; Home Equity Conversion Mortgage Reverse Mortgage Options; Maximum Loan Amount; Costs; Other Charges and Fees; Reverse Mortgage Myths; Death of Homeowner; Use of Powers of Attorney; Appendix A – U.S. Department of Housing and Urban Development Mortgagee Letter 2014-07
– Jody A. Cohen-Press

PART C: MEDICAL ASSISTANCE

CHAPTER 1
Medical Assistance Programs and Eligibility for Nursing Home Care 
Introduction; General Eligibility Requirements for Medical Assistance in Minnesota; Eligibility Requirements for Medical Assistance for Nursing Home Care; MA-LTC: Spousal Impoverishment Rules for A Married Couple;
– Amber M. Hildebrandt

CHAPTER 2
Medical Assistance Programs Beyond Nursing Homes 
Introduction; Categorical Basis of Eligibility; Financial Eligibility; Long-Term Care Consultation or MnCHOICES Assessment; Home and Community-Based Waiver Services for Under 65; Home and Community-Based Waiver Services for Over 65; Conclusion; Additional Resources
– Brenna Galvin

CHAPTER 3
Assets 
Introduction; Financial Management; Health Care Management; Planning for Death;
– Julian J. Zweber

CHAPTER 4
Asset Transfers and Reduction of Assets 
Reducing Assets – Introduction; “Spending” the Assets – Purchasing Goods or Services; Making Permissible Transfers Under an Exception to the Transfer Rules; Transfer of Income-Producing Assets – Increased Spousal Share Allowance – MINN. STAT. § 256B.059, subd. 4 and EPM § 2.4.2.1.2 (HCPM § 19.45.15); Making Transfers without Adequate Compensation Subject to Transfer Penalty Rules; Hardship Waivers
– Mark Anderson & Patty Dunlop

CHAPTER 5
Medical Assistance and Annuities
Introduction; Requirements for a Deficit Reduction Act-Compliant Annuity; Annuities and Medical Assistance Planning; Eligibility Policy Manual Guidance Regarding Annuities
– Julian J. Zweber

CHAPTER  6
Medical Assistance and Trusts 
Introduction; Sources of Law Governing the Use of Trusts in Medical Assistance and Disability Planning; Trusts Created Before August 11, 1993 – Medicaid Qualifying Trust Rules; Trusts Other than Medicaid Qualifying Trusts Created Before August 11, 1993; Trusts Created on or After August 11, 1993; Treatment of Irrevocable Trusts in Minnesota After July 1, 2005; Supplemental and Special Needs Trusts
– Laurie Hanson

CHAPTER 7
Marital Issues 
Antenuptial Contracts in the Context of Medical Assistance Planning; Marital Dissolution in the Context of Medical Assistance Planning
– Laura Fretland  

CHAPTER 8
Medical Assistance Application
Medical Assistance Application – Introduction; Who Can Apply; Where Application Can Be Made; Application Timing; Application Forms; Verifications; Reporting Asset Transfers; Notices of Action by County Agency; Renewal; Applicant Rights and Responsibilities
– Patty Dunlop

CHAPTER 9
Appeals of Agency Decisions 
Medical Assistance Appeals – Introduction; Administrative Appeal Prehearing Matters; Administrative Appeal Hearing Procedure; Administrative Appeal Hearing Decisions; District Court Appeal; Court of Appeals; Exhaustion of Administrative Remedies
– Jeffrey W. Schmidt  

CHAPTER 10
Recovery of Medical Assistance Benefits 
Medical Assistance Claims; Medical Assistance Liens; Amendments to Estate Recovery Legislation
– Peter M. Hendricks & Sarah Sicheneder

PART D: HOUSING AND THE ELDERLY  

CHAPTER 1
Senior Housing Options 
Introduction; Overview of Minnesota Senior Housing Options
– Barb Blumer

CHAPTER 2
Eviction from Long-Term Care Facilities
Introduction; Nursing Homes; Assisted Living; Housing with Services; Memory Care; Veterans Homes; Other Long-Term Care Facilities; Appendix A – Survey of Nursing Home Transfer/Discharge Decisions; Appendix B – Significant Passages from Decisions Discussed in This Chapter
– Laura Orr

CHAPTER 3
Nursing Home Litigation Primer 
Introduction; Common Injuries; Liability Principles; Personal Injury; Wrongful Death; Punitive Damages; Settlement; Ethical Considerations; Arbitration Clauses; Conclusion
– Mark R. Kosieradski & Joel E. Smith

Table of Authorities
Subject Index
Glossary of Acronyms

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