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November 7 Minutes

ELDER LAW COMMITTEE
Friday, November 7, 2008, 10:00 a.m.
Conference Call Meeting

Chair: Kathryn Cook DeAngelo, Esq.

Minutes
Members Present                     Bar Staff
Kathryn DeAngelo, Chair         Dana Kurtz, Liaison
Deborah Cochelin
Leigh Flynn
Carole Gunter
Catherine Kennedy
Franchelle Millender
Catharine Miles
Mike Polk
Brian Treacy
Marie Vermillion from Linda Knapp’s Office

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

II. Approval of September 25, 2008, Minutes
A motion was made and seconded to approve the September 25, 2008 minutes and was passed by acclamation.

III. Updated ELC Member listing 10/20/08 ??" Review and comments
A list of potential Elder Law Committee members will be forwarded to Ms. Kurtz to be added to the roster.

IV. 2009 CLE ??" Defer to 2010?
The Committee decided not to have a CLE in spring 2009, but will have a CLE for the 2010 Bar Convention and during the spring 2010 (March or April). Ms. DeAngelo will contact Terry Burnett at the Bar.

V. Excel ELC Subcommittee Chart
Reports from Current Subcommittee Chairs

a. CLE: Ms. Flynn reported that the subcommittee has the documentation for the January 2009 CLE to the Bar. The program is planned and the materials will be forwarded to the Bar within the next two weeks. The subcommittee will work toward the January Bar CLE for 2010 and determine a date for March or April, 2010.

b. Education: Ms. Gunter will meet with Mr. Hazel in the next couple of weeks to discuss some ideas for education. Ms. DeAngelo suggested to the Committee the possibility of some written materials for the purpose of educating those in the financial industry and banks who accept durable powers of attorney. Ms. Flynn suggested contacting The Corporate, Banking and Securities Section of the Bar to work together with them on educating third parties who accept durable powers of attorney. Ms. Gunter will take the idea to Mr. Hazel and they will study it.

c. Guardianship/Conservatorship:
Elder Law Guardian Pro Bono Project
No report at this time.
Uniform transfer Guardianship/Conservatorship
Mr. Polk reviewed the proposed bill from the SCPJA and compared the proposed act and uniform act and did not see any substitute changes in the proposed act. The National College of Probate Judges has approved it and NAELA has endorsed it. It was agreed that the Committee is not ready to endorse the act until they have the opportunity to further investigate. Mr. Polk will contact David English, act reporter, to see what other states have adopted the uniform act. Mr. Polk will continue to evaluate act and agreed to chair a subcommittee which will include Ms. Millender, Ms. Flynn and Ms. May. The subcommittee will schedule a meeting in early December with the possibility of including David English.
APA Family Court/Probate Court Coordination
There was nothing conclusive to report at this time.

d. Legislation: Nothing new to report at this time. A meeting has been set for January 2009 to discuss the Probate Code overhaul.

Ms. DeAngelo queried as to whether anyone has studied South Carolina adopting a Uniform Durable Power of Attorney act. Mr. Treacy will chair a subcommittee to study South Carolina’s Durable Power of Attorney statutes and look at other states and compare them to South Carolina. Mr. Polk will join the subcommittee.

e. Pro Bono: Palmetto Pilot Report: Mr. Polk will call Palmetto Hospice to determine exactly what they want and expect from attorneys who volunteer for this project.

f. Recruitment: Cassie Miles and Blakely Cahoon reported that she will set a meeting with the other members of the subcommittee.

g. Mediation/ADR: There was no report at this time.

VI. PET Section Council
Inventory Draft ??" Review and discussion
Ms. DeAngelo reported that the PET Section established an Inventory and Appraisement subcommittee headed by John Chase. Copies of the inventory draft were provided to the Committee members. After reviewing the draft the Committee decided that Ms. DeAngelo will bring a few minor changes to the draft to the PET Section Council.

VII.PET ??" Summons/SCRCP Subcommittee update ??" Kathryn DeAngelo
Ms. DeAngelo reported that the SCAPJ Procedural Uniformity Committee recommended the SCAPJ support the changes to the Probate Code as recommended by the South Carolina Bar’s Probate, Estate and Trust’s Summons subcommittee, with four exceptions. Copies were provided to Committee members.

VIII. Other Business ??" New and Old
Ms. DeAngelo requested that subcommittee chairs unable to participate in meetings please assign someone on the subcommittee to provide the Committee with updates.

IX. Adjournment