September 2008 Minutes

September 25, 2008 Meeting

The Elder Law Committee met on September 25, 2008, at noon.

Members Participating:
Participating members included Chairperson Kathryn Cook DeAngelo, Blakely C. Cahoon, Deborah Cochelin, M. Leigh Flynn, Roger Jellenik, Nancy McCormick, Cassie Miles, Franchelle Millender, Mitchell Payne, Michael Polk, Sarah St. Onge, Richele Taylor, and Jonathan Wallace. Dana Kurtz, Katie Staden, and Kali Campbell Turner represented the Bar.

I. Welcome and Call to Order:
Chairperson DeAngelo called the meeting to order. Dana Kurtz was introduced and welcomed as the new Elder Law Committee liaison.

II. Approval of August 22, 2008 Minutes:
A motion was made and seconded to approve the August 22, 2008 minutes and was passed by acclamation.

III. Palmetto Hospice Project and Attorney Volunteers
Mr. Polk presented a summary in regard to the Palmetto Hospice Project. The Palmetto Hospice Project provides pro bono services for hospice patients. Attorney services generally include durable powers of attorney, health care powers of attorney, living wills, and simple wills. These services are covered under one’s pro bono malpractice insurance.

The Palmetto Hospice Project would like to secure a co-sponsor for the Legal Volunteer Training Program. (Training Program Agenda submitted to the Committee for review.) Mr. Polk suggests that the Elder Law Committee co-sponsor the volunteer training program with the Palmetto Hospice Project and potentially tailor it for CLE credit. After much discussion, Mr. Polk agreed to further discuss with the Palmetto Hospice Project exactly what it would like the Elder Law Committee to contribute and report back at the next meeting. The Elder Law Committee will move this project under its Pro Bono Subcommittee.

IV. Update Elder Law Guardian Pro Bono Project
Ms. Taylor reported on the status of the Elder Law Guardian Pro Bono Project. The Project will start October 1, 2008. Ms. Taylor will send an email to confirm the volunteer list. A memo containing the program guidelines, processes, and contact information was submitted to the Committee for review.

V. Possible Legislative Projects/Goals 2008-2009--Review and Discussion
a. Follow-up discussion re APA Family Court/Probate Court
The Committee further discussed Mary Catherine Bagnal’s presentation from the previous meeting. Ms. Millender suggested studying the issue under the Guardianship/Conservatorship Subcommittee. The Committee agreed.

b. Probate Code Overhaul--Partner with PET Section Council
Ms. DeAngelo reported that the Probate, Estate Planning & Trust Section Council established a Probate Code Revision Subcommittee, chaired by Cathy Kennedy, to complete a comprehensive revision of the Probate Code. Ms. DeAngelo encouraged interested parties to participate. It is likely to be a long process and the first meeting of the Subcommittee will not be scheduled until January.

c. Transfer on death deed (w/beneficiary)--see NAELA Journal
Committee tabled the agenda item.

d. Legislation to raise small estate
Committee tabled the agenda item.

e. Reduce creditors’ claim period
Committee tabled the agenda item.

f. Notary laws update
Ms. Campbell Turner reported that legislation amending the notary statute will likely be introduced in the legislature this year. The Elder Law Committee will react to proposed legislation when filed.

VI. ELC Subcommittee Chart--Review
The Committee reviewed the ELC Subcommittee chart. An updated chart will be distributed prior to the next meeting.

VII. Subcommittee Reports
a. CLE
Ms. Flynn reported that everything was taken care of for the September 26, 2008 Elder Law CLE. The agenda, time slot, and speakers have been finalized for the 2009 Bar Convention CLE.

At the suggestion of the SC Bar’s CLE Division, Ms. Flynn moved that the annual CLE be moved to spring, with the next Elder Law CLE occurring in 2010. The motion was seconded and passed by acclamation.

b. Education
No report.

c. Guardianship/Conservatorship
Mr. Jellenik reported that the next meeting would take place in October.

d. Legislation
Mr. Payne had no report. Mr. Polk will review the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

e. Pro Bono
No further report.

f. Recruitment
No report.

g. Mediation/ADR
No report.

VIII. Other Business--New and Old
The following Elder Law Committee Goals & Mission Statement were reviewed and adopted by acclamation:

Elder Law Committee Goals & Mission Statement
Kathryn Cook DeAngelo, Esq., Chairman

The Elder Law Committee provides education to members of the Bar and the public on issues affecting the elderly and people with disabilities, monitors legislation and proposes statutory changes.

Elder Law Goals:

1. Provide education to members of the Bar and to the public on issues that affect the elderly and people with disabilities
2. Sponsor a seminar on Elder Law and sponsor an elder law related seminar at the Bar Convention
3. Continue to monitor legislation relating to laws that affect the elderly and people with disabilities
4. Continue to monitor the pilot mediation project and pursue the implementation of permanent mediation for probate courts
5. Increase Committee membership through active recruitment and develop benefits to attract and retain members
6. Explore adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
7. Explore pro bono opportunities

IX. Adjournment
There being no further business, the meeting was adjourned.