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October 2009 Minutes

Elder Law Committee
October 16, 2009, 10:00 a.m.
Conference Call Meeting
1-866-640-4044
Participants’ Code: 5763807#

Kathryn Cook DeAngelo, Esq., Chair


MINUTES

Members Present:                    Bar Staff:
Kathryn DeAngelo, Chair         Dana Kurtz
Catherine Angus
Nat Benson
Blakely Cahoon
Deborah Cochelin
Leigh Flynn
Carole Gunter
Bob Hazel
Allen Jeffcoat
Roger Jellenik
Amy May
Art McQueen
Franchelle Millender
Kyle Parker
Sarah St. Onge
Thornwell Simons
Carole Spainhour
Eddie Weinberg

I. Welcome and Call to Order
Chairperson DeAngelo welcomed everyone and called the meeting to order at 10:04 a.m.

II. Approval of August 28, 2009 Minutes
At the request of Ms. Millender, Ms. Kurtz was asked to make two minor technical changes to the minutes from August 28, 2009. Chairperson DeAngelo asked the Committee to approve the minutes with the correction. A motion was made and seconded to approve. The minutes were passed by acclamation.

III. Review and Update Current Listing of Subcommittees/Chairs
Ms. DeAngelo reviewed the Subcommittee Report Spreadsheet. It was noted that Mr. McQueen’s name had been left off the CLE Subcommittee list. Mr. Jeffcoat volunteered to serve on the G/C Subcommittee. Mr. Parker volunteered to serve on the Legislation Subcommittee.

IV. Subcommittee Reports
CLE
Ms. Millender reported that the Bar Convention CLE plans were set. The Elder Law Committee was to co-sponsor two seminars. One was to be on Thursday, January 21, 2010, and the topics were to be identity theft, probate code overhaul update and trust code changes. On Friday, January 22, 2010, Elder Law was to co-sponsor a seminar with the Probate, Estate Planning and Trust Section. The topic was to be on medical directives. Ms. Flynn reported that Dr. Jerry Kurent, who was scheduled to be a speaker at Bar Convention, was not able to participate but was to recommend another speaker.

Ms. Millender reported that the plans for a full day CLE in the spring of 2010 were in the early stages. Additionally, plans were being made for a free two-hour CLE in conjunction with a Committee meeting in March 2010. Ms. Millender reported that with the Bar’s permission, Elder Law would like to have a second free two-hour CLE in conjunction with a Committee meeting in May 2010.

The Committee discussed possible CLE topics: veteran’s benefits, specific South Carolina programs such as Medicaid, doctors to speak on variety of illnesses (Parkinson’s, traumatic brain injury, different types of dementia), impact that health care reform will have on Medicaid benefits, estate recovery rules, reverse mortgages, and long term care partnership.

Guardianship/Conservatorship
Mr. Jellenik reported that on October 6, 2009, the Chief Justice signed an order to establish the Task Force on State Courts and the Elderly. Eleven were appointed to the Task Force. Greenville County Probate Judge Deborah Faulkner was to chair. Elder Law Committee members also on the Task Force were Ms. Angus, Ms. Flynn, and Mr. Jellenik. Mr. Jellenik asked the Committee to contact him after the meeting if they had suggestions with regard to a geriatric care professional for the Task Force. The Task Force was intended primarily to look at guardianships, conservatorships, elder abuse, neglect, exploitation issues and how they interface with the court and the implications for the future. Outreach groups were to be formed and were to report to the Chief Justice by July 1, 2010.

Ms. Millender reported that the Probate Code Overhaul Subcommittee continued work on part 5, sections 1-4, of the Probate Code, and were hoping to have a draft ready to present to full Committee in January 2010.

Legislation
Ms. DeAngelo asked the Committee to read the legislative report from the Probate, Estate, Planning & Trust Section. The report was provided by Katie Staden, Probate, Estate, Planning & Trust Section Bar Liaison, and was an overview of statutes as they related to the Probate Section.

Ms. Angus asked the Committee to look at H3358, a revision to the Omnibus Adult Protection Act that would redefine caregivers. The Senate had referred the bill to the Committee on Medical Affairs. Ms. Spainhour volunteered to review the bill, discuss it with Mitchell Payne and other members of the Legislative Subcommittee, and come up with a position. She was to report to the Committee at the next meeting.

Ms. DeAngelo suggested the Committee form a task force to study, evaluate, and possibly propose legislation on assisted living facilities, as there were no federal regulations governing them. Mr. Simons volunteered to chair the task force. Ms. DeAngelo, Ms. Angus and Mr. Benson volunteered to serve on the task force. Ms. St. Onge was to forward the CRCF report to Ms. Kurtz to forward to the Committee.

Public Service/Education
Ms. Weinberg reported that the Public Service/Education Subcommittee had met September 24, 2009. Ms. Weinberg had spoken with media personnel with regard to television coverage on senior issues. Ms. Weinberg asked the Committee to let her know if they had compelling stories to share on senior issues. The deadline for such stories was to be January 15, 2010. The plan was to coordinate a television spot with an Ask-A-Lawyer event that was to be marketed toward seniors during the month of May, Senior Citizen’s Month.

Ms. Weinberg also reported that the Subcommittee was developing speaking materials for various topics on educational outreach programs such as advance directives, wills, health care, Medicaid, Medicare, scams, and trust for third parties. Because other educational programs were being offered, (Senior College, Law School for Non-Lawyers), Ms. Weinberg suggested that she, along with Debbie Morris from the Bar, and Ms. Angus meet to discuss these programs and the materials being taught to not duplicate efforts.

Ms. Weinberg reminded every one to sign-up with Speaker’s Bureau by calling Elizabeth Martin at the Bar.

V. Other Business ??" New and Old
Ms. DeAngelo had provided the Committee with the Inventory and Appraisement Form from John Chase, of the Probate, Estate, Planning & Trust Section. It was the last draft and ready to go to the probate judges. Ms. DeAngelo asked the Committee to review it once more. Ms. DeAngelo asked Committee members to email any final thoughts on the Inventory and Appraisement Form to Ms. Kurtz, who was to forward them to Ms. Staden, the Bar liaison for the Probate, Estate, Planning & Trust section.

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