Friday, January 22, 2010
2:15 p.m. – 5:30 p.m.
Elder Law Committee/Probate, Estate Planning & Trust Section
3.0 MCLE Credit Hours, 3.0 Estate Planning & Probate Specialty Credit Hours, 3.0 Taxation Specialty Credit Hours

Unique Issues that Confront the Estate and Tax Planner:
Beyond the Ordinary in Counseling Clients

This three-hour advanced seminar will focus on the topic of advance medical directives (AMD) in the estate and tax planning context. The focus will be on AMD, with specific reference to S.C. statutes: Health Care Power/Living Will statutes, Default Adult Health Care Consent Act, HIPAA, and the topic of patient capacity in order for an AMD to “spring” and a health care agent/surrogate to assume authority. The first 1.25 hours will consist of a presentation from Susan Fox Buchanan, a national expert on AMD. Thereafter, a physician will discuss how a patient's mental capacity/competency is evaluated and determined. The final 45 minutes of the seminar will be a panel discussion, composed of Ms. Buchanan, a medical doctor, lawyer and probate judge, to further address and discuss how a patient’s mental capacity/competency is evaluated and determined (legal vs. medical), which is the triggering event in order for an AMD (health care power of attorney and/or living will) to “spring” into effect so that the incapacitated patient’s health care agent/advocate can make health care decisions for the patient and/or the patient’s living will directive can be implemented (no life-sustaining treatment and/or no feeding tubes).

The issues raised by AMD reflect the interdisciplinary nature of estate and tax planning. The issues related to AMD, mental capacity/competency determinations and document drafting in the legal/medical environment are critical issues facing estate and tax planners. Such issues are rarely included in the educational curricula of estate and tax planning attorneys. Rather, most are left to cobble together an understanding of this complex but very important area. Every estate planning attorney must deal with AMD issues. This seminar is intended to provide estate and tax planning attorneys with a deeper understanding of AMD issues and practical solutions to drafting for, and advising, clients.

2:15–3:45 p.m. Health Care Issues in Estate Planning—A Practitioner’s Perspective
Susan Fox Buchanan, Lakewood, Colorado

3:45–4:00 p.m. Break

4:00–4:45 p.m. Health Care Issues Facing Estate Planning—A Physician’s Perspective
Walter E. Limehouse, Jr., M.D., Charleston

4:45–5:30 p.m. Panel Discussion: Health Care Issues in Estate Planning
Hon. Irvin Condon, Charleston
Susan Fox Buchanan, Lakewood, Colorado
Walter E. Limehouse, Jr., M.D., Charleston

Course Planner/Moderator: Andrew W. Chandler, Charleston/Leigh Flynn, Columbia