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Minutes February 2009

ELDER LAW COMMITTEE
Friday, February 27, 2009 ??" 10:00 a.m.
Conference Call Meeting

Chair: Kathryn Cook DeAngelo, Esq.

Minutes

Members Present:                              Staff:
Kathryn DeAngelo, Chair                   Dana Kurtz, Bar Liaison
Catherine Angus
Melody Breeden
Michael Bridges
Deborah Cochelin
Leigh Flynn
Robert Hazel
Anderson Horne
Allan Jeffcoat
Roger Jellenik
Cathy Kennedy
Linda Knapp
Franchelle Millender
Catharine Miles
Arthur Rich
Sarah St. Onge

I. Welcome and Call to Order
Chairperson DeAngelo welcomed everyone and called the meeting to order.

II. Approval of January 9, 2009, Minutes
A motion was made and seconded to approve the January 9, 2009 minutes and was passed by acclamation.

III. Elder Law Committee Subcommittee Reports
(a) CLE
The subcommittee reported that they are considering two CLE’s for the coming year ??" one at the 2010 Bar Convention and another possibly in the spring of 2010. Terry Burnett, CLE Director suggested partnering with the South Carolina Medical Association for a one day CLE in February 2010 since there is a shared interest in topics. Leigh Flynn will meet next week with Terry Burnett and Mr. Bower from the South Carolina Medical association to discuss the possibility of a joint seminar.

Roger Jellenik suggested the topic of Financial Identity Theft and Fraud for the 2010 Bar Convention CLE. Leigh Flynn requested the Committee email her with the names of possible speakers on the subject.

(b) EDUCATION
Bob Hazel reported that he had developed a list of churches for the Bar to send letters to on behalf of the Elder Law Committee offering to speak on elder law issues. Bob Hazel asked Dana Kurtz to check with the Bar’s communications division in regard to the progress and report information to Bob Hazel and Carole Gunter. Bob Hazel also asked that committee members email Carole Gunter or Bob Hazel if they would be interested in being speakers.

(c) GC
For future meetings and reporting Roger Jellenik stated that the G/C Subcommittee will review G/C-related issues and report to the full Committee if:
- the topic is ready for briefing and decision;
- the topic is ready for a status report;
- the topic is ready for feedback.
The scope of the G/C Subcommittee will include both legislative and non-legislative developments and issues.

Elder Care Study
No report at this time.

Uniform Guardianship Law
A draft of proposed revisions to the UAGPPJA was emailed to committee members by Franchelle Millender. There are two areas of concern: Section 62-5-704 and Section 62-5-717. After discussion the Committee decided that further revisions be made. Franchelle Millender will redraft and the proposed revisions will be sent to the Committee via email for a vote to adopt to support the act and have it ready for the March 19th Board of Governors’ meeting.

Financial Identify Theft Law
Sarah St. Onge had emailed the Committee the Identify Theft Law late in January. The Committee discussed the idea of this being a possible topic for a CLE. Leigh Flynn will discuss this with the CLE subcommittee.

Family Court/Probate Court
No report at this time.

 

Probate Code Overhaul
While there was no report at this time, Franchelle Millender invited members of the Committee to join the workgroup if interested. Currently the members are: Franchelle Millender, Chair, Mitchell Payne, Sarah St. Onge, Leigh Flynn, Bob Hazel and Judge Edmonds.

(d) LEGISLATION
Uniform Durable Power of Attorney Act
No report at this time.

Notary Statute
Kathryn DeAngelo reported that she along with some members of the Probate Estate Planning and Trust Section Council had a meeting with Melissa Dunlap from the Secretary of State’s office in regard to the proposed language relating to notaries public. Melissa Dunlap was very supportive and has taken the recommendations back to Senator Elliott. There has been no feedback to date.

(e) PRO BONO
No report at this time.

(f) RECRUITMENT
No report at this time.

(g) MEDIATION/ADR
No report at this time.

IV. Other Business ??" New and Old
Chairperson DeAngelo discussed the idea of redefining some of the subcommittees. One idea is to combine the Education Subcommittee with the Pro Bono Subcommittee since the goals are essentially the same. It could be renamed the Outreach Program Subcommittee.

Pursuant to Roger Jellenik’s suggestion, Chairperson DeAngelo also requested that each subcommittee provide a either “no report” status to the full Committee or report to the full Committee at such time as any of the following applies:

- A topic is ready for briefing and decision;
- A topic is ready for a status report;
- A topic is ready for feedback.

 

The Mediation/ADR Subcommittee is more or less concluded. Roger Jellenik reported that the formal mechanism in place is no longer required. The subcommittee will be eliminated. Should there being any new developments Roger Jellenik will report those to the Committee.

Additionally it was suggested that the Recruitment Subcommittee be abandoned as a formal subcommittee and instead put forth a concentrated effort for recruitment in the spring during committee sign-up.

Dana Kurtz will send an email to the Committee for approval on changes in these subcommittees. If there is no negative input the changes will be made.

Kathryn DeAngelo suggested and the Committee agreed to having a two- hour CLE for the Committee at the June 5 meeting at the Bar that would include a short business meeting. The Committee discussed possible topics: emails, supervising non-lawyers, representation agreements, office procedures. Kathryn DeAngelo offered to speak for an hour on intake and legal representation agreements, and Sarah St. Onge will contact the Office of Disciplinary Council to see if Barbara Seymour is willing to speak on e-mails and supervising non-lawyers.

Future meetings were scheduled as follows:

March 29, 2009 10 a.m. conference call
May 1, 20009 10 a.m. conference call
June 5, 2009, noon at the Bar Building (short business and 2-hour CLE)

V. Adjournment
There being no further business, the meeting was adjourned at 11:30 a.m.