“THE PROBATE COURT”

September 1, 2009: The Honorable Irvin G. Condon, Charleston County Probate Court Judge, joined us today to educate Rotarians on the general role of the probate court, as well as, the Adult Drug Court that he resides over. Judge Condon explained the main functions of the Probate Court which encompass the broad topic often referred to as, estate planning. More specifically the court probates wills; appoints conservators and trustees to conservatorship trusts that have been set up for children and families; oversees Declarations of a Desire for a Natural Death; and Durable Power of Attorney and Health Care Power of Attorney documents. The court is also handles involuntary commitments and marriage licenses.

The court is committed to assisting in drug and alcohol incidents 24 hours a day, seven days a week. The institution also administers The Adult Drug Court Program, that is charged with rehabbing addicts and helping them become valuable citizens in their communities. An individual who has pled guilty to drug related charges may elect to participate in the program. It requires court and treatment attendance every week and costs the individual $25.00 each week. If the attendee is unable to pay the $25 dollars toward their treatment, they must work it off in community service. The offender must attend two AA or NA meetings per week, and pay back all restitution that may be ordered with associated charges. He noted that this plan is much better than simply warehousing addicts as prisoners, many of those in the program have made progress and are productively employed.

The judge made sample forms available for all on the topics of Wills, Healthcare Power of Attorney, Declaration of a Desire for Natural Death, and Durable power of attorney. However, he emphasized that one should not attempt to execute these forms from samples. Professional assistance is vital.

When asked about new plans in Mexico and California to decriminalize minor drug offenses, he responded that those in the criminal justice system in South Carolina oppose the idea.

Reported by Fred Sales, Keyway Committee