January 2010 Minutes

Elder Law Committee Meeting
January 8, 2010, 10:00 a.m.
Conference Call
Participants Code: 5763807#

Chair: Kathryn Cook DeAngelo, Esq.


Members Present:                                    Bar Staff:
Kathryn DeAngelo, Chairperson            Dana Kurtz
Catherine Angus Kali Turner
Judy Blackwell
Melody Breeden
Michael Bridges
Sarah Clingman
Deborah Cochelin
Frank Dana
Leigh Flynn
Anderson Horne
Allen Jeffcoat
Roger Jellenik
Linda Knapp
Art McQueen
Franchelle Millender
Mitchell Payne
Marcia Shew
Thornwell Simons
Carole Spainhour
Brian Wade


I. Welcome and Call to Order
Chairperson DeAngelo called the meeting to order at 10:03 a.m.

II. Approval of November 13, 2009, Minutes
Ms. Millender noted a minor change in the November 13, 2009, minutes. A motion to approve as amended was made and seconded. The minutes were passed by acclamation.

III. Guest, Kali Turner, Esq. - New 608 Supreme Court Amendment/Guardians
Ms. Turner reported that she was working with the Court and various groups on Rule 608. A new amendment to Rule 608 states that lawyers would not be appointed as guardian ad litems starting July 1, 2010. Ms. Turner asked the Committee to look into ways to establish a volunteer program for Adult Protection Services cases.

After discussion, it was suggested that the Public Service Subcommittee study and determine how best to assist Ms. Turner. Ms. DeAngelo asked for a motion to approve. Mr. Payne moved approval, and Mr. Jellenik seconded the motion. The motion was passed by acclamation.


IV. Subcommittee Reports
Ms. Flynn reported that Elder Law Committee’s seminars for the 2010 Bar Convention were set. The CLE Subcommittee had begun discussion with regard to the March 5th CLE, free to Committee members, and the joint summer CLE that was to be co-sponsored with the South Carolina Medical Association.

Mr. Jellenik reported that the Task Force on State Courts and the Elderly was to meet January 15, 2010. He was to schedule a G/C Subcommittee meeting for February 5, 2010.

Mr. Payne provided the Committee with a legislative report. The Committee discussed several items:

?S967 ??" Provides a list of documents that may be submitted to prove the date and place of birth of persons over 65 and older for purposes of obtaining a driver’s license.

?S174 and H3719 ??" Silver Alert Program

?S251 ??" To provide definitions, qualifications, powers, and limits of notaries.
Ms. Turner was to discuss the bill with Melissa Dunlap from the Secretary of State’s Office.

?H4261 ??" Provides that the Director of SLED or his designee may issue an administrative subpoena for production of records during the investigation of certain criminal cases involving financial crimes.

?H3358 ??" Revision to the Omnibus Adult Protection Act
Ms. Spainhour reported that she, Ms. Angus and Mr. Jellenik had studied this legislation. Since portions of the bill had merit, Ms. DeAngelo suggested that Ms. Spainhour, Ms. Angus and Mr. Jellenik communicate with Ms. Turner to determine the best way to proceed. They were to report to the Committee at the next meeting.

Mr. Payne was to schedule a subcommittee meeting to go over pending legislation to further study and determine whether the Elder Law Committee should take a position on any of the current legislation.

The Committee had a brief discussion with regard to the estate tax bill.

Public Service
There was no report.

Other Business
There was no other business.

There being no further business, the meeting was adjourned at 11:14 a.m.