South Carolina · statute · S.C. Code tit. 62, art. 5 · 86 active provisions
Unless otherwise apparent from the context, in this article: (1) "Adult" means an individual who has attained the age of eighteen or who, if under eighteen, is married or has been emancipated by a court of competent jurisdiction. (2) "Alleged incapacitated individual" means: (a) an adult for whom a protective order is…
When both guardianship proceedings and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
(A) A person under a duty to pay or deliver money or personal property to a minor or incapacitated individual may perform this duty in amounts not exceeding a net aggregate amount of fifteen thousand dollars each year by paying or delivering the money or property to the conservator for the minor or incapacitated person…
If a patient of a state mental health facility has no legally appointed conservator, the Office Director of the Office of Mental Health or his designee, may receive and accept, for the use and benefit of the patient, assets which may be due the patient by inheritance, gift, pension, or otherwise with a net aggregate am…
(A) In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the assets of a ward or protected person who is the subject of a formal proceeding. (B) If not otherwise compensated for service…
(A) Once a guardian ad litem is appointed by the court, pursuant to Section 62-5-303B or Section 62-5-403B, the responsibilities and duties of the guardian ad litem include, but are not limited to: (1) acting in the best interest of the alleged incapacitated individual; (2) conducting an independent investigation to de…
Unless an order of the court specifies otherwise, a finding of incapacity is not a determination that the protected person or ward lacks testamentary capacity or the capacity to create, amend, or revoke a revocable trust.
(A) The process for emergency orders without notice is as follows: (1) Emergency orders without notice must not be issued unless the moving party files a summons, verified petition, notice of and motion for emergency relief and hearing with any available supporting affidavit(s), and any other document required by the c…
Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody of the person of the ward and to establi…
(A) The parent of an alleged incapacitated individual may by will nominate a guardian for an alleged incapacitated individual. A testamentary nomination by a parent gives the nominee priority pursuant to Section 62-5-308 in any proceeding to determine incapacity and appoint a guardian. A testamentary nomination by a pa…
Venue for guardianship proceedings is in the place where the alleged incapacitated individual or ward resides or is present. If the alleged incapacitated individual or ward is committed to an institution pursuant to an order of a court of competent jurisdiction, venue also is in the county in which that court sits.
(A) A person seeking a finding of incapacity, appointment of a guardian, or both, shall file a summons and petition. When more than one petition is pending in the same court, the proceedings may be consolidated. (B) The petition shall set forth, to the extent known or reasonably ascertainable, the following information…
(A) The court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual. (B) The court may appoint a guardian if clear and convincing evidence shows that the individual is incapaci…
By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be given or waived pursuant to Sections 62-1-401 and 62-1-402.
(A) Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward's death. The court may then issue an order terminating the guardianship and the appointment of the guardian. (B) If there is no conservatorship for the ward, the guardian may file an application for spec…
(A) The ward or another person interested in his welfare, may make an informal request for relief by submitting a written request to the court. The court may take such action as it considers in its sole discretion to be reasonable and appropriate including, but not limited to, limiting or terminating the guardianship.…
(A) In appointing a guardian, the court shall consider persons who are otherwise qualified in the following order of priority: (1) a person previously appointed guardian, other than a temporary or emergency guardian, currently acting for the ward in this State or elsewhere; (2) a person nominated to serve as guardian b…
(A) Subject to the rights and powers retained by the ward and except as modified by order of the court, the guardian has the following duties, rights, and powers: (1) to the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, mai…
(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as: (1) the proceeding is terminated following the death of the ward; (2) the proceeding is terminated pursuant to a readjudication of incapacity; (3) the court transfers the proceeding to another county's jurisd…
Subject to the provisions of Section 62-5-701, et seq., venue for proceedings under this part is: (1) in the county where the alleged incapacitated individual or minor child resides; or (2) if the alleged incapacitated individual or minor child does not reside in this State, in any county in the state where the alleged…
(A) The appointment of a conservator or issuance of a protective order may be made in relation to the estate and affairs of a minor if: (1) a minor owns real or personal property that requires management or protection; (2) a minor has or may have business affairs that may be adversely affected by a lack of effective ma…
(A) A person seeking a finding of incapacity, appointment of a conservator, or issuance of a protective order must file a summons and petition if: (1) the individual is unable to manage his property or affairs effectively for reasons of incapacity, confinement, detention by a foreign power, or disappearance; and (a) th…
(A) Upon a finding by clear and convincing evidence that a basis for an appointment or protective order exists with respect to a minor, the court has all those powers over the estate and affairs of the minor that are necessary for the best interests of the minor and members of his household. (B) Upon finding by clear a…
(A) When it is established in a formal proceeding that a basis exists for affecting a protective arrangement that concerns the property and affairs of a minor or an incapacitated individual, the court may: (1) without appointing a conservator, authorize, direct, or ratify any provision within a protective arrangement t…
(A) The court shall exercise its authority to encourage maximum self-reliance and independence of the protected person and issue orders only to the extent necessitated by the protected person's mental and adaptive limitations. (B) The court shall set forth the rights and powers removed from the protected person. To the…