LinkedLaw Deskbook
ITEM #:  60096200   |   PUBLISHED:  DECEMBER 10, 2022

Elder Law Handbook, 5th Edition

Edited by Mark Anderson, Amber Hildebrandt, Cathryn Reher & Suzanne Scheller

Beginning with the premise that the essential challenge in elder law is developing and implementing a broad skill set spanning numerous practice areas, the Fifth Edition of Minnesota CLE’s Elder Law Handbook is an impressive guide that helps 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 are organized 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. The Handbook traces the entire arc of elder law practice in Minnesota, a topic of greater concern with the rise of the age 65+ community. The Handbook covers planning for long-term care, marital issues for elderly clients, and tax implications. Explore the nexus of Medical Assistance and long-term care – and learn how to maximize your clients’ results. Order yours today!


Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.


Ethical Considerations in Representing Seniors
Introduction; Who Is the Client?; Representing Clients With Diminished Capacity
– Eric T. Cooperstein

Organizing Information
Introduction to the Planning Notebook; Contents of a Planning Notebook
– Laurie Hanson

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

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 – Information on IRS Applicable Federal Rates and Actuarial Tables; Appendix C – Chronically Ill Certification; Appendix D – Tax Return Samples; Appendix E – Important Rules and Deadlines Summary
– Richard Baum

Vulnerable Adults and the Vulnerable Adults Act
Introduction and Background; The Vulnerable Adults Act; Vulnerable Adults Act – Reporting Suspected Maltreatment; Vulnerable Adults Act – Processing a Maltreatment Report; Application of the Act; Limitations of the Act; Other Minnesota Vulnerable Adult Legislation; Federal Vulnerable Adults Legislation; Summary of Legislative Changes to the Act and Related Provisions
– Suzanne M. Scheller

Resources for Serving Older People in Economic Need  
Introduction; Fee-Generating Cases; Legal Aid; Other Nonprofit Organizations; Government Agencies; Appendix A – Map of Minnesota Legal Services Coalition (MLSC) Programs by Region; Appendix B – Legal Services Coalition Programs Listed by County; Appendix C – Listing of Other (Non-MLSC) Civil Legal Services Providers; Appendix D – Listing of Non-Legal Advocacy Services
– Laura Orr


Medicare for Nursing Home or Community Care 
Overview and Regulatory Reference; Organizations within the Medicare System; Who May Receive Medicare; Hospital Stays; Skilled Nursing  Facilities; Home Health Care; Hospice Care; Ambulance Service; Temporary Changes Effective During COVID-19 Pandemic; End-Stage Renal Disease and Medicare Coverage; Appendix A – Medicare Monthly Premiums; Appendix B – What Services Are Covered; Appendix C – Abbreviations
– Kelli Jo Greiner

Long-Term Care Insurance
Introduction; Qualified Long-Term Care Insurance Policy; Partnership Long-Term Care Insurance Policies; 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

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

Alternative Care and Essential Community Supports
Introduction; Eligibility for Alternative Care; Changes Affecting Lower Need Individuals (Case Mix “L”); Essential Community Supports for those 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;  COVID-19 and Alternative Care; Conclusion
– Allison J. Frasier

Reverse Mortgages: A Financing Tool for Seniors
Introduction; The Home Equity Conversion Mortgage Program; The Home Equity Conversion Mortgage Application Process; Borrower, Property, and Disclosure Requirements; Reverse Mortgage Options; Maximum Loan Amount; Costs; Other Charges and Fees; Reverse Mortgage Myths; Deaths of Homeowners; Use of Powers of Attorney; Appendix A – U.S. Department of Housing and Urban Development Mortgagee Letter 2021-11; Appendix B – Sample HECM Amortization Schedules; Appendix C – Annual Occupancy Certificate; Appendix D – U.S. Department of Housing and Urban Development Mortgagee Letter 2014-07; Appendix E – HUD Single Family Housing Policy Handbook 4000.1; Appendix F – Third-Party Authorization Form; Appendix G – HUD Mortgagee Letter 2021-29; Appendix H – HUD Mortgagee Letter 2011-09
– Jody A. Cohen-Press


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); MA-LTC – Spousal Impoverishment Rules for a Married Couple
– Amber M. Hildebrandt

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 Individuals Under 65; Home and Community-Based Waiver Services for Individuals Age 65 and Over; Other Considerations When Applying for Home and Community-Based Waiver Programs; Medical Assistance for Employed Persons with Disabilities; Conclusion; Additional Resources; Addendum: COVID-19 and HCBS; Appendix A – Minnesota Department of Human Services Insurance Affordability Programs Income and Asset Guidelines; Appendix B – Comparison of MnCHOICES, RSC and CAC, CADI, BI Waivers for Persons With Disabilities; Appendix C – Health Care Programs Eligibility Policy Manual Appendix F: Standards and Guidelines
– Brenna Galvin

Definition of “Asset”; “Asset” Distinguished from “Income”; Deeming of Income and Assets; Asset Limits; Excluded Assets; Countable Assets; Availability of Assets; Asset Verification; Community Spouse Asset Assessments
– Amber M. Hildebrandt & Julian J. Zweber

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 § (HCPM § 19.45.15); Making Transfers without Adequate Compensation Subject to Transfer Penalty Rules; Hardship Waivers; Appendix A – Pfoser v. Harpstead, 953 N.W.2d 507 (Minn. 2021)
– Mark Anderson & Patty Dunlop

Medical Assistance and Annuities
Introduction; Requirements for a Medicaid-Compliant Annuity; Annuities and Medical Assistance Planning; Eligibility Policy Manual Guidance Regarding Annuities
– Lauren L. Fink & Julian J. Zweber

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; Third-Party Established and Funded Trusts; Trusts Created on or After August 11, 1993 with the Assets of the Individual; Treatment of Irrevocable Trusts in Minnesota Since Minnesota Statutes section 501C.1206 Has Been Repealed; Supplemental and Special Needs Trusts; Appendix A – Comparison Chart of Supplemental, Special, and Pooled Trusts; Appendix B – Redacted California Decision Regarding Transfers of Assets into the Pooled Trust Subaccount; Appendix C – Redacted Maryland Decision Regarding Transfers of Assets into the Pooled Trust Subaccount
– Laurie Hanson

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

Medical Assistance Application
Introduction; Who Can Apply – EPM § 1.2.2; Where Application Can Be Made; Application Timing; Application Forms; Verifications; Reporting Asset Transfers; Notices of Action by County Agency – EPM §; Renewal – EPM §; Applicant Rights and Responsibilities – EPM § 1.3; COVID-19 Information
– Patty Dunlop

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  

Recovery of Medical Assistance Benefits 
Medical Assistance Claims; Medical Assistance Liens; Amendments to Estate Recovery Statutes; Recovery of Benefits from Special Needs Trusts; Recovery of Benefits from “Zombie” Life Estates and Joint Tenancies; State Plan Update Regarding Recovery of Medical Assistance Benefits; Appendix A – Minnesota Department of Human Services Minnesota Health Care Programs Estate Recovery and Liens
– Sarah Sicheneder


Assisted Living and Senior Housing Options 
Introduction; Independent Senior Housing; Assisted Living Facilities and Assisted Living Facilities with Dementia Care; Long-Term Care Options Counseling; Quality Assurance Mechanisms for Services Provided in Senior Housing (Other than Nursing Homes); Other Senior Housing Settings; Public Assistance; Landlord/Tenant Issues; Assisted Living License Law and Related Changes
– Barb Blumer & Suzanne Scheller

Eviction from Long-Term Care Facilities
Introduction; Nursing Homes; Assisted Living; Independent Senior Living; 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

Nursing Home Litigation
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

HARD COPY:  $199
LINKEDLAW:  $125 for 1-year subscription

Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Other discounts that may apply:

Quantity discount:
Please email customerservice@minncle.org or call 800-759-8840 to inquire about bulk orders.

Take Your Deskbooks to the Next Level With LinkedLaw

Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book. 

And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.

LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!

View All Titles

View Sample

Purchasing LinkedLaw eDeskbook Subscriptions
LinkedLaw eDeskbooks are sold individually on an annual subscription basis and must be purchased online. The price of a LinkedLaw eDeskbook subscription includes all updates and new editions that are published during the subscription period. They are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available to the user at no extra cost. No action or additional purchase is required during the subscription period to keep the LinkedLaw eDeskbook up-to-date.

Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.

Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.

LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.

LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.

The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.

Test your system by viewing this LinkedLaw Deskbook sample:

View Sample

I understand and agree to the following:

  1. The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

  2. Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.

  3. Disclaimer and Limitation of Liability:

    Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.

    The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.

    Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.

    Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.

  4. Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.

  5. This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.


What is the difference between the LinkedLaw Deskbook Library and the LinkedLaw Deskbook PREMIUM Library?

The LinkedLaw Deskbook PREMIUM Library contains one additional Deskbook, the best-selling Drafting Wills and Trust Agreements with eFormbook.


Do I need any special hardware or software to access LinkedLaw Deskbooks?

LinkedLaw Deskbooks can be used accessed with any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw Deskbook sample.


May I preview a LinkedLaw Deskbook before deciding to subscribe?

You are welcome to give the LinkedLaw Deskbook sample a test drive!


May I purchase a LinkedLaw Deskbook or LinkedLaw Library Subscription over the phone?

No, purchasing a subscription online is how you activate the link to access an individual LinkedLaw Deskbook or the LinkedLaw Deskbook Library.


Can I be invoiced for a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription?

No, subscriptions must be purchased and paid for online.


Is the length of my subscription rounded off to the nearest week or month?

No, your subscription will run one full year (or month, if a monthly subscription is chosen), to the day. You can see the expiration date of your subscription under My Account  > eResources & Publications.


Once I’ve purchased a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription, how do I access it?

Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications.

If you've purchased an individual LinkedLaw Deskbook, click the VIEW button by the LinkedLaw Deskbook title in the "Active Online Publications" section.

If you've purchased a LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription, click the ACCESS button in the "LinkedLaw Deskbook Library Subscription" section.


Will I always have access to the LinkedLaw Deskbooks?

You will have access to the LinkedLaw Deskbook as long as you have an active subscription to the individual LinkedLaw Deskbook or an active subscription to the LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library.


Do I need to purchase updates for my LinkedLaw Deskbook?

No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into the LinkedLaw Deskbook.


Can I download the forms in a LinkedLaw Deskbook?

Yes, and we recommend that you download all of the forms in your LinkedLaw Deskbooks so you can use them without Internet access.


Why won't my eforms download when using Google Chrome? What should I do?

Google has started to block the download of certain types of content in its latest versions of Chrome. One option you have is to switch to a different browser. To continue using Chrome, you can try the following:

Copy and paste chrome://settings/content/insecureContent into your Chrome browser address bar. In the "Allow" section, click the Add button. An "Add a Site" pop-up box should appear. Enter www.minncle.org in the box and click the Add button. You should now be able to open and download your eforms.