Our Newest Shareholder

Maser, Amundson, Boggio, P.A.’s Shareholders Kris L. Maser, Luther M. Amundson, and Randy F. Boggio are proud to announce the addition of Brenna M. Galvin as Shareholder of the firm. Brenna joined Maser, Amundson, Boggio, P.A. in December 2013.

Brenna helps clients in the areas of long-term care planning, Veterans benefits, Medical Assistance, estate planning, estate or trust administration, and disability planning including guardianship, conservatorship, and Supplemental and Special Needs Trusts. As a new Shareholder, Brenna will continue building on the firm’s strong foundation as a pillar in the community and one of the oldest and most established law firms dedicated to elder law.

“Brenna is a welcome addition to the ownership of the firm. Her energy and insight will provide us with a sense of security regarding the future of Maser, Amundson, Boggio,” says Randy Boggio.

Shareholder Kris Maser adds, “It is a pleasure to welcome Brenna to our partnership”. “She is bright, hardworking and caring of all of our clients, and a welcome addition to this area of practice.”

“I feel very fortunate to have a career I’m passionate about and the ability to work with such an incredible team,” says Brenna. “Becoming a Shareholder is a dream come true and a long-term commitment to my clients, my team, and my colleagues. It shows that I am willing and able to walk with them through whatever the future may hold. Our firm’s well-earned reputation as one of the most trusted and knowledgeable group of attorneys in Minnesota was built on our commitment to always putting our clients’ needs first. I want to carry that legacy forward for many years to come.”

Maser, Amundson, Boggio, P.A. is a Richfield-based law firm dedicated to the needs of families at all stages of life and across multiple generations. Areas of focus include elder law, special needs planning and general litigation.

Sun Current Article

Webber, S. (2018, February 15). Specialist in elder law points out scams against seniors. Retrieved from http://current.mnsun.com/

7th Annual Spring Conference – Caring for the Caregiver

Please join us for our 7th Annual Spring Conference

Caring for the Caregiver

Caring for the Caregiver

Thursday, April 27, 2017
11:00 am – Registration, Vendor tables, Networking
12:00 pm – 4:30 pm Lunch Served, Introductions & Speakers

Friendship Village of Bloomington
8100 Highwood Drive, Bloomington, MN 55438

**Free Valet Parking Provided**

Click here to register at Eventbrite.

Spring Conference Community Flyer

Officials Who Wrongly Told Medical Assistance Applicant His Property Would Not Be Subject to a Lien Are Not Liable

A Minnesota appeals court holds that county officials were not liable for negligent misrepresentation for incorrectly telling a medical assistance applicant that his property would not be subject to a lien because the information was readily attainable from other sources. Benigni v. St. Louis County (Minn. Ct. App., No. A15-1154, June 13, 2016).

Kenneth Benigni applied for medical assistance benefits from the state. According to Mr. Benigni, the application did not include information that the state had a right to place a lien on his property in order to recoup medical assistance benefits paid on his behalf. In 2005 and 2007, Mr. Benigni received renewal forms that included information about the lien. He asked two county officials about the lien and they told him he would not be subject to a lien. In 2007, after requesting further information, Mr. Benigni discovered that he would be subject to a lien and he cancelled his medical assistance.

Mr. Benigni sued the county for negligent misrepresentation, arguing that the county officials supplied false information to him about whether a lien could be placed on his property. The trial court granted summary judgment to the county, and Mr. Benigni appealed.

The Minnesota Court of Appeals affirms, holding that the county was entitled to summary judgment. The court notes that government officials are not liable for negligent misrepresentation if the information is readily attainable by the public unless the officials are learned in the field or have a fiduciary relationship with the person they are giving information to. The court rules that in this case, Mr. Benigni did not have a fiduciary relationship with the county officials and he could have found out the information by seeking legal advice from an attorney.

For the full text of this decision, go to: https://scholar.google.com/scholar_case?case=16578495422167999573&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Did you know that the ElderLawAnswers database now contains summaries of more than 2,000 fully searchable elder law decisions dating back to 1993?  To search the database, click here

Randy F. Boggio Attends Annual Special Needs Planning Meeting

Randy F. Boggio, Maser, Amundson, Boggio & Hendricks Shareholder, attended the 10th annual meeting of the Academy of Special Needs Planners, held in Tucson, Arizona, March 10 – 12.  The 235-member Academy is the nation’s leading organization of special needs planning professionals.  Members of the Academy devote a significant part of their practices to working with individuals with special needs and their families to plan for the future and ensure that children with special needs receive ample financial protection.

The Academy’s annual meeting featured presentations by some of the nation’s leading experts in special needs planning, who kept attendees current on the latest regulatory changes and legal decisions and shared strategies for better serving clients and their families in this fast-growing legal field.  Meeting sessions included “An Update on SSI Rules,” “Special Needs Trusts and Retirement Benefits,” “Recent Trends in Special Needs Planning,” “Identifying and Handling ‘Tricky Issues’ in SNT Administration,” as well as an “Ask the Experts” panel discussion.  Perhaps most importantly, the meeting afforded the chance for attendees to exchange planning ideas and strategies with fellow members working in special needs planning around the nation.

This year’s meeting was held concurrently with the Society of Settlement Planners, giving attendees invaluable insights into how to best work with these key players in the special needs arena.

Attorney Kris Maser Featured in Richfield Chamber of Commerce Spotlight

Minnesota Attorney Kris MaserKris Maser was recently featured in the Richfield Chamber of Commerce Member Spotlight.

“Our firm is interested in being a part of the community in which we work. The Chamber has helped all of us learn about Richfield and the vibrant people who live and work in this community,” said Kris.

Click here to see the full feature on the Richfield Chamber of Commerce website.
 

Maser Amundson Boggio & HendricksPart of the PBS ‘In America’ Project

Maser, Amundson, Boggio & Hendricks will be a part of the “In America” segments to air on PBS. The segment features Attorney Kris Maser explaining the field of elder law through discussions with clients and providers. Kris gives the viewer a general idea of how our firm addresses issues facing our clients around the difficult decisions which need to be made with legal guidance and genuine concern and caring.

“In America” is narrated by James Earl Jones and “is developed alongside groundbreaking organizations and forward industry experts.” PBS developed this “collaboration of thought leaders” and “created a strong foundation for their innovative programming lineup.”

We are proud of the segment on Maser, Amundson, Boggio & Hendricks and honored to be part of the PBS “In America” project:

Attorney Kate Graham Presents at the MSBA New Lawyers Section

Attorney Kate Graham, as a board member of the Collaborative Community Law Initiative (CCLI), was part of a panel presentation at the MSBA New Lawyers Section. The presentation was entitled “Fit to Practice: Cultural Competency in Law Practice.” CCLI’s motto is “Mentoring New Lawyers to Serve Community Needs.”

We are proud of Kate and her contribution to guiding new lawyers.

Attorney Kate Graham Presents at the MSBA New Lawyers Section

Fit to Practice: Cultural Competency in Law Practice
CCLI Board Members Present at MSBA New Lawyers Section

CCLI Board members (from left to right above) Camille Bryant, Nelson L. Peralta, Sophia Vuelo and Kate Graham presented a one hour panel discussion on overcoming barriers created by social and cultural differences at the MSBA’s New Lawyer Section December meeting.  Kate moderated the discussion, and Camille, Nelson and Sophia, all skilled attorneys, shared their experiences and stories of working with clients and colleagues of diverse backgrounds.

According to one audience member, “I wish everyone could have heard this, not just lawyers….The panel gave concrete examples of how to work with clients and colleagues with different backgrounds.”

Alison Godfrey Brandel Elected 2016 Minnesota Paralegal Association President

Alison Godfrey Brandel

Our firm is proud to announce Alison Godfrey Brandel has been elected as the 2016 President of the Minnesota Paralegal Association (MPA).  Alison works as a paralegal in our elder law department in the areas of Special Needs Trust administration, Guardianships, Conservatorships and Probate administration.  She has been a paralegal for 9 years.  She joined Garvey, Boggio & Hendricks, P.A. in 2011 which merged with Maser Amundson, P.A. in 2013 to become Maser, Amundson, Boggio & Hendricks, P.A.  Alison is a Minnesota Certified Paralegal.  She is passionate about being a paralegal and is excited to be the President of an association that works towards the advancement of the paralegal profession, emphasizes excellence in the profession and recognizes the importance of Continuing Legal Education.

Guardianships/Conservatorships

If your loved one is having trouble managing her affairs because of a mental or physical disability, consider consulting an elder law attorney about establishing a guardianship, conservatorship, or both. An example of a prime candidate for a guardianship or conservatorship would be an elderly man or woman diagnosed with dementia who needs help managing health care, paying bills, or is being unduly influenced by others. However, there are many other scenarios that call for the help of a guardian or conservator. Contact the office of a local elder law attorney for more information.

Even though the legal definitions vary from state to state, there is a general distinction between the terms, “guardian” and “conservator.” A guardian has a broad scope of responsibility for the interests of the ward, which is the title given to an individual with a guardian. These responsibilities include health care management and involvement in the protected person’s daily affairs. Conservators are appointed mainly for money management, which means they have a less active role in the day-to-day activities of the protected person (an individual with a conservator). In many instances, guardian/conservator is a joint role held by one person or entity, such as a spouse, adult child, or even a non-profit or fiduciary corporation. However, different people may be appointed to these respective roles. In other cases, there may be a conservator but no guardian.

Guardians and conservators must be appointed by the court. The process begins with any person interested in the well-being of the potential ward or protected person hiring an elder law attorney to draft a petition to the court for guardianship or conservatorship. This petition lists the reasons why a guardian or conservator is needed and nominates one or more candidates to fill the role. A Physician Statement from a doctor indicating the potential ward or protected person is unable to manage their medical decisions or finances should be submitted, as well. After the petition and Physician Statement are filed, the court and the attorney’s office schedule a hearing. The potential ward or protected person is entitled to attend, either alone or with her own legal representation. The judge considers many factors when deciding whether somebody needs a guardian or conservator. To name a few, he or she reads the initial petition and Physician Statement, any additional information submitted by a court visitor (who meets with a potential ward and writes a report for the judge), and the testimony that a potential ward or protected person, petitioner, and witnesses provide on the day of the hearing. The judge will then issue a decision and appoint a guardian or conservator if the evidence supports that decision.

Here is something to consider before petitioning for guardianship or conservatorship. Are there already other legal documents in place, such as a Durable Power of Attorney or a Revocable Trust? These types of documents appoint individuals to fill similar roles to guardians and conservators. If there are documents in place, to what extent do they protect the individual? Are the people appointed in the documents working for the best interests of the ward or protected person?

To learn more about whether a guardianship or conservatorship is appropriate, or to find out how a guardianship or conservatorship relate to previously established legal documents, contact the office of an attorney in your state who specializes in elder law. This attorney will be knowledgeable of your state’s specific laws and provide you with the information you need to arrive at a proper decision, one that should not be made without the advice of legal counsel.

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