November 2009 Minutes

Elder Law Committee
November 13, 2009, 10:00 a.m.
Conference Call
Participants Code: 5763807#
Chair: Kathryn Cook DeAngelo, Esq.


Members Present:                           Staff:
Kathryn DeAngelo, Chair                Dana Kurtz
Judy Blackwell
Melody Breeden
Michael Bridges
Blakely Cahoon
Sarah Clingman
Deborah Cochelin
Frank Dana
Leigh Flynn
Carole Gunter
Daniel Hart
Bob Hazel
Anderson Horne
Roger Jellenik
Linda Farron Knapp
Amy May
Tad McLeod
Franchelle Millender
Mitchell Payne
Mike Polk
Thornwell Simons
Carole Spainhour
Sarah St. Onge
Eddie Weinberg

I. Welcome and Call to Order
Chairperson DeAngelo welcomed everyone and called the meeting to order at 10:01 a.m.

II. Approval of October 16, 2009, Minutes
A motion was made and seconded to approve the October 16, 2009, minutes and was passed by acclamation.

III. Subcommittee Reports
CLE Subcommittee
Ms. Millender reported that the Bar Convention CLE plans were finalized. Dr. Jerry Kurent, who was scheduled to be a speaker at Bar Convention, was not able to participate and was replaced by another speaker.

Plans for a free two-hour CLE in conjunction with a Committee meeting in March 2010 were underway. One topic suggestion for the seminar was with regard to the process of meeting with a client, making a plan, filing an application for Medicaid, and perhaps incorporating a document exchange. The Subcommittee decided against a second free two-hour CLE in May 2010. A summer CLE program was to be co-sponsored with the South Carolina Medical Association.

Mr. Jellenik gave a brief report on the Task Force on State Courts and the Elderly. The first meeting of Task Force was to be November 16, 2009. Work groups were to be formed and to report to the Chief Justice by July 1, 2010.

The Probate Code Overhaul Subcommittee had met October 23, 2009, and November 11, 2009. The plan was to have a draft to the full Committee in January 2010.

Ms. Spainhour, Catherine Angus and Mr. Jellenik were to study H3358, a revision to the Omnibus Adult Protection Act, which would redefine caregivers. They were to report to the Committee before the January meeting with a recommendation.

Mr. Payne reported that he was on the Creditor/Claims section of the Probate Code Overhaul Subcommittee and the Subcommittee would be meeting the following week. He asked the Committee if anyone had any input to let him know.

Mr. Payne noted one item on the legislative spreadsheet: S382 related to personal property and was a very significant bill. The bill proposed that, if a husband and wife own joint tenancy in real property at the time of one spouses’ death, it would be presumed that the surviving spouse become sole owner. Mr. Payne had spoken with Senator Hayes with regard to the bill because he had some concerns. Mr. Payne suggested that the Committee might want to take a position.

Ms. DeAngelo asked Mr. Payne to look at S168, with regard to medical malpractice insurance, sponsored by Senator Cleary. Mr. Payne said that he would schedule a meeting of the Legislative Subcommittee to study the bill and others and report to the Committee in January.

Mr. Simons reported that the Assisted Living Task Force had met on November 5, 2009. The Task Force discussed and reviewed the problems with regard to the lack of federal regulations governing assisted living facilities. At the next meeting, the Task Force was to discuss solutions to the problems.

Public Service Education
Ms. Weinberg reported that Ms. Angus was working with the Bar and South Carolina Legal Services on accessing seniors. Ms. Weinberg provided the Committee with an Education “Cheat Sheet” that outlined topics important to seniors according the Older American’s Act. Ms. Weinberg suggested that these topics be used as way of organizing the areas of education that the Subcommittee could use to produce materials for speakers. Ms. Weinberg stated that she would try to meet with Debbie Morris from the Bar to avoid duplication of educational materials. Ms. Millender had agreed to review the materials for content once the materials had been completed. Ms. DeAngelo suggested that Ms. Weinberg look at the Wake Forest University’s Elder Law Clinic website. She stated that it was an excellent resource for senior issues.

IV. Other Business ??" New and Old
The following volunteered to work on subcommittees:

Ms. Breeden - Legislation Subcommittee
Mr. Bridges - Public Service/Education Subcommittee
Mr. Dana - Guardianship/Conservatorship Subcommittee
Ms. May and Mr. McLeod - CLE Subcommittee.

V. Adjournment
There being no further business, the meeting was adjourned at 10:49 a.m.