February 2010 Minutes

Elder Law Committee Meeting
February 12, 2010
10:00 a.m.
Conference Call

Kathryn Cook DeAngelo, Esq., Chair



Members Present:                     Bar Staff:
Kathryn DeAngelo, Chair          Dana Kurtz
Catherine Angus
Judy Blackwell
Deborah Cochelin
Blakely Cahoon
Leigh Flynn
Alyson Fudge
Carole Gunter
Robert Hazel
Allen Jeffcoat
Roger Jellenik
Catharine Miles
Franchelle Millender
Mitchell Payne
Michael Polk
Arthur Rich
Sarah St. Onge
Thornwell Simons
Carol Spainhour
Eddie Weinberg
Judith Whiting

I. Welcome
Chairperson DeAngelo called the meeting to order at 10:04.

II. Approval of January 8, 2010, Minutes
Ms. Millender moved approval of the January 8, 2010, minutes. Mr. Jellenik seconded. The minutes were adopted as written.

III. Subcommittee Reports
Ms. Millender reported that the two sessions at the 2010 SC Bar Annual Convention were well attended and well received. She thanked Ms. Flynn and Andrew Chandler for putting the programs together.

The CLE Subcommittee was in the process of finalizing the program for the March 5, 2010, Elder Law business meeting/CLE to be held at the SC Bar building. This was to be a free CLE for Elder Law Committee members. Donna Day from the Department of Health & Human Services was to speak on the topic of Medicaid. Ms. DeAngelo was to present a program on “Confirming Client Representation ??" Letter and Legal Representation/Fee Agreements Process.” There was to be a document exchange. Committee members who wished to participate in the document exchange were asked to forward their documents to Mr. Polk who volunteered to burn the documents to CD.

Mr. Jellenik reported that the G/C Subcommittee had met on February 5, 2010. The Subcommittee discussed the proposed revisions to probate code. Ms. Millender reported that there had been good feedback from the large Probate Code Overhaul Committee meeting held at the Bar Convention. Mr. Jellenik commended Ms. Millender’s subcommittee for their hard work on Probate Court Overall. Mr. Jellenik reported that the next meeting for the SC Task Force on Courts and the Elderly was to be held on March 19, 2010.

Ms. DeAngelo brought to the attention of the Subcommittee a recent e-mail regarding a G/C proceeding/situation in Charleston County. There was some discussion and it was decided that Ms. DeAngelo was to respond to the e-mail to thank the sender for making the Elder Law Committee aware of the situation.

Ms. Angus, Mr. Jellenik and Ms. Spainhour had studied the Omnibus Protection Act. Ms. Angus reported that the areas of concern with regard to some of the language had been revised. Mr. Jellenik reported that he did not feel it would be necessary for the Elder Law Committee to take action at this time but he would continue to monitor.

The Assisted Living Task Force had met on January 13, 2010. Mr. Simons reported that there were significant problems with the way South Carolina regulates Assisted Living Facilities. There was only one DHEC regulation that covered Assisted Living Facilities. There was no federal regulation or model code. Mr. Simons reported that DHEC was in the process of revising the regulation, but that more changes were needed then were being proposed. The Task Force had discussed various solutions but had not finalized their recommendation document. Ms. DeAngelo asked for a motion to create a subcommittee to investigate the best route to implement needed changes in assisted living facility regulations and legislation. Mr. Jellenik so moved, and Mr. Payne seconded. The motion was passed.

Mr. Payne was to setup a Legislative Subcommittee meeting within the next few weeks. Mr. Payne asked the Committee to review the legislative spreadsheet and let him know of any items that were of particular interest or concern.

Ms. DeAngelo provided an update on H3803, (technical corrections to the trust code and the summons bill). It received a favorable reading on the House floor on January 27, 2010. It was sent back to the Senate Judiciary.

Public Service
Ms. Weinberg reported that there had been no feedback with regard to compelling stories on senior issues.

Ms. Weinberg had been in touch with Leigh Thomas, Communications Director, at the Bar, with regard to an Ask-A-Lawyer program dedicated to Elder/Disabled Adult issues in May 2010. Ms. Thomas was willing to arrange an event for all three major SC media markets in Columbia, Charleston and Greenville. A commitment of 6-8 persons for each of the three markets was required. Ms. Weinberg stated that she did not want Ms. Thomas to finalize arrangements until the appropriate numbers of volunteers were secured. She was to send an email to the Committee seeking volunteers.

Ms. Weinberg was to send an email to the Committee asking members to volunteer to create a 1-2 page “cheat sheet” with speaking points on the following topics:

Trusts for Third Parties
Do Not Resuscitate

Ms. Weinberg was to schedule a Public Service Subcommittee meeting within the next few weeks.

Ms. DeAngelo reminded and requested the Subcommittee to study and determine how best to assist Kali Turner with the Rule 608 guardian ad litem issue that she spoke about at the January 8, 2010, meeting. Ms. DeAngelo requested that the Subcommittee report on the foregoing at the next meeting.

IV. Other Business ??" New and Old
Mr. Jellenik asked the Committee whether they would be interested in having professionals speak on topics such as estate planning, long care term insurance, or other areas that market to seniors. The intent would not be for a pitch on products, but rather knowledge of services. He asked that if members of the Committee were interested to let him know.

V. Adjournment
There being no further business, the meeting was adjourned at 11:42.