The Battle is Over


February 16, 2011
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Call it coincidence or fate but Al Barnes, the 85-year-old Scandia, Minnesota man at the center of a court battle between his wife and his doctors regarding his treatment, passed away on Monday morning; the same day a ruling was expected from the Hennepin County Probate Court to allow the removal of life support.

Digital Assets

and
February 10, 2011
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In November 2004, a US Marine named Justin Ellsworth was killed in action in Iraq. His parents wanted access to Justin’s email account and asked Yahoo! for help. Yahoo! said no; allowing anyone access to another person’s email account is against their terms of service. Ellsworth’s parents decided to take Yahoo! to court and on […]

Update on Al Barnes’ Plight


February 4, 2011
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In a recent post entitled, A Case for Health Care Directives, Ms. Green introduced us to Al Barnes, an 85-year-old from Scandia, Minnesota, diagnosed with dementia, kidney failure, and mental incapacity. On Wednesday, the court battle over who has authority to make medical decisions on his behalf was back in full swing. 

A case for Health Care Directives


January 31, 2011
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In the Minneapolis-St.Paul Star Tribune today, Jeremy Olson reports on a woman’s battle to maintain control over her husband’s medical decisions. With diagnoses of dementia, kidney failure, and mental incapacity, Al Barnes needs someone to make his health care decisions for him. Up until recently, Al’s wife Lana was that person. Lana Barnes was designated […]

Requirements for a Valid Health Care Directive


January 6, 2011
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As many of you Epilawg readers know, we provide a free Health Care Directive form on this site for Minnesota residents. We’ve heard from some of you that you’re (pleasantly) surprised about the form. Many believe that you need an attorney to complete a Health Care Directive in Minnesota, which is not true. An attorney […]

Medical Assistance Basics For Minnesotans


December 30, 2010
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Medical Assistance (“MA”) is Minnesota’s Medicaid program* that is funded by state and federal dollars. MA is an extremely complex area of the law and one that gives many individuals great pause when thinking about his or her future and the aging process. Eligibility Requirements An individual’s eligibility for MA is based on several factors. […]

Fido’s Fate


December 20, 2010
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“Man’s best friend” Ironically, the phrase “man’s best friend” was coined by an attorney. In 1869, a man’s dog was shot and killed by his neighbor; he hired three attorneys to sue the man who shot his dog.  One of the three attorneys used the phrase “man’s best friend” during his closing argument to the […]

Business Succession Planning


December 16, 2010
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Business succession planning is an important issue that should be addressed not only as part of an individual business owner’s estate planning process, but also by all of the owners of family-owned and closely-held businesses. Whether a business is owned by a single individual or a large group of investors or family members, everyone with […]

Wedding Bells Ringing?


December 12, 2010
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Each year thousands of people who will be getting married need to consider whether or not they will change their last name.  This no longer applies just to women. More often, men are considering changing their last name and more same-sex marriages are occurring.  If an individual does decide to change his or her last […]

Laid to Rest in a Casket for All of Eternity? Not Necessarily. . .


December 7, 2010
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For those that wish to be buried as opposed to cremated, take note that there are many options available for your burial, at least if you want to be buried in Minnesota. Minnesota statutes do not require an embalming procedure, a casket, or any type of outside burial container. Instead, cemeteries make their own regulations.  So […]

Powers of Attorney: The Basics


November 25, 2010
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Powers of Attorney are quickly becoming a very useful estate planning tool.  People are living longer, so there is greater likelihood that persons will need assistance managing their affairs due to some sort of disability or incapacity. A Power of Attorney is useful because it allows a person (the principal) to select an agent (their attorney-in-fact) to […]