There is a newer version of the South Carolina Code of Laws
2012 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Chapter 5 - ARTICLE 5. PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
PART 1.- Section 62-5-101 - Definitions and use of terms.
- Section 62-5-102 - Jurisdiction of subject matter; consolidation of proceedings.
- Section 62-5-103 - Facility of payment or delivery.
- Section 62-5-104 - Delegation of guardian's powers.
- Section 62-5-105 - Director of Department of Mental Health or his designee may act as conservator.
- Section 62-5-106 - Termination of conservatorship.
- Section 62-5-301 - Testamentary appointment of guardian for incapacitated person.
- Section 62-5-302 - Venue.
- Section 62-5-303 - Procedure for court appointment of a guardian of an incapacitated person.
- Section 62-5-304 - Order of appointment; alternatives; limitations on guardian's powers.
- Section 62-5-305 - Acceptance of appointment; consent to jurisdiction.
- Section 62-5-306 - Termination of guardianship for incapacitated person.
- Section 62-5-307 - Removal or resignation of guardian; termination of incapacity.
- Section 62-5-308 - Visitor in guardianship proceeding.
- Section 62-5-309 - Service and notice in guardianship proceedings.
- Section 62-5-310 - Temporary guardians.
- Section 62-5-311 - Who may be guardian; priorities.
- Section 62-5-312 - General powers and duties of guardian.
- Section 62-5-313 - Proceedings subsequent to appointment; venue.
- Section 62-5-401 - Protective proceedings.
- Section 62-5-402 - Protective proceedings; jurisdiction of affairs of protected persons.
- Section 62-5-403 - Venue.
- Section 62-5-404 - Original petition for appointment or protective order.
- Section 62-5-405 - Service of summons and petition; notice of hearing; waiver of notice by person to be protected.
- Section 62-5-406 - Protective proceedings; request for notice; interested person.
- Section 62-5-407 - Procedure concerning hearing and order on original petition.
- Section 62-5-408 - Permissible court orders.
- Section 62-5-409 - Protective arrangements and single transactions authorized.
- Section 62-5-410 - Who may be appointed conservator; priorities.
- Section 62-5-411 - Bond.
- Section 62-5-412 - Terms and requirements of bonds.
- Section 62-5-413 - Acceptance of appointment; consent to jurisdiction.
- Section 62-5-414 - Compensation and expenses.
- Section 62-5-415 - Death, resignation, or removal of conservator.
- Section 62-5-416 - Requests for orders subsequent to appointment; service of petition and summons; denial of application.
- Section 62-5-417 - General duty of conservator.
- Section 62-5-418 - Inventory and records.
- Section 62-5-419 - Accounts.
- Section 62-5-420 - Conservators; title by appointment.
- Section 62-5-421 - Recording of conservator's letters.
- Section 62-5-422 - Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
- Section 62-5-423 - Persons dealing with conservators; protection.
- Section 62-5-424 - Powers of conservator in administration.
- Section 62-5-425 - Distributive duties and powers of conservator.
- Section 62-5-426 - Enlargement or limitation of powers of conservator.
- Section 62-5-427 - Preservation of estate plan.
- Section 62-5-428 - Claims against protected person; enforcement.
- Section 62-5-429 - Individual liability of conservator.
- Section 62-5-430 - Proceeding to terminate conservatorship; application; notice.
- Section 62-5-431 - Payment of debt and delivery of property to foreign conservator without local proceedings.
- Section 62-5-432 - Foreign conservator; proof of authority; bond; powers.
- Section 62-5-433 - Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons.
- Section 62-5-434 - Settlement of claims involving minors completed between July 1, 1987, and September 24, 1987, presumed valid.
- Section 62-5-435 - Liability for approving or completing settlement.
- Section 62-5-501 - When power of attorney not affected by disability.
- Section 62-5-502 - Other powers of attorney not revoked until notice of death or disability.
- Section 62-5-503 - Jurisdiction.
- Section 62-5-504 - Health care power of attorney; definitions; form.
- Section 62-5-505 - Validity of durable power of attorney that authorizes attorney to make health care decisions regarding principal properly executed pursuant toSection 62-5-501.
- Section 62-5-601 - Short title.
- Section 62-5-602 - Definitions.
- Section 62-5-603 - Appointment of guardians.
- Section 62-5-604 - Persons who may file summons and petition for appointment.
- Section 62-5-605 - Contents of petition for appointment of guardian.
- Section 62-5-606 - Facts that constitute prima facie evidence of need for guardian of a minor ward.
- Section 62-5-607 - Facts that constitute prima facie evidence of need for guardian of a mentally incompetent ward.
- Section 62-5-608 - Notice of summons and petition.
- Section 62-5-609 - Fitness of guardian; bond.
- Section 62-5-610 - Limitation on number of wards of one guardian.
- Section 62-5-611 - Annual account of guardians receiving funds from Veterans' Administration.
- Section 62-5-612 - Exhibit of securities at time of filing account.
- Section 62-5-613 - Effect of failure to account.
- Section 62-5-614 - Accountability for funds not received from Administration.
- Section 62-5-615 - Investments that guardians may make.
- Section 62-5-616 - Use of estate for support of persons other than ward.
- Section 62-5-617 - Copies of public records shall be furnished without charge.
- Section 62-5-618 - Compensation of guardians.
- Section 62-5-619 - Final discharge of guardian; paying out funds less than one thousand dollars.
- Section 62-5-620 - Proceedings in which administrator shall be a party in interest.
- Section 62-5-621 - Copies of accounts, certificates, or pleadings shall be sent to Veterans' Administration.
- Section 62-5-622 - Time, place, and notice of hearing on account, petition, or other pleading.
- Section 62-5-623 - Notice of hearings shall be given to guardian; orders.
- Section 62-5-624 - Construction.
- Section 62-5-700 - Short title.
- Section 62-5-701 - Exclusive jurisdiction.
- Section 62-5-702 - Definitions.
- Section 62-5-703 - Treatment of foreign countries.
- Section 62-5-704 - Court communication with court in another state; record required; exceptions; participation of parties.
- Section 62-5-705 - Requests to court of another state; requests from court of another state.
- Section 62-5-706 - Testimony of witness located in another state; permitted means of giving testimony; lack of original writing.
- Section 62-5-707 - Jurisdiction of court.
- Section 62-5-708 - Special jurisdiction.
- Section 62-5-709 - Exclusive and continuing jurisdiction; exception.
- Section 62-5-710 - Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.
- Section 62-5-711 - Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party.
- Section 62-5-712 - Notice requirements to respondent's home state.
- Section 62-5-713 - Rules for dealing with conflicting petitions in this and another state.
- Section 62-5-714 - Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders.
- Section 62-5-715 - Confirmation of transfer from another state; petition to accept guardianship or conservatorship; notice; hearing; provisional and final orders; determination of needed modification.
- Section 62-5-716 - Registration of orders from another state; powers in this state.
Disclaimer: These codes may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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