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2017 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
PART 1 GENERAL PROVISIONS
- 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 62-5-101. Definitions and use of terms.
- Section 62-5-102. Consolidation of proceedings.
- Section 62-5-103. Facility of payment or delivery.
- Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator.
- Section 62-5-105. Costs and expenses; attorney's fees.
- Section 62-5-106. Responsibilities and duties of guardian ad litem; reports.
- Section 62-5-107. Finding of incapacity.
- Section 62-5-108. Temporary orders and hearings.
- 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 62-5-301. Testamentary nomination of guardian for incapacitated individual.
- Section 62-5-302. Venue.
- Section 62-5-303. Procedure for court appointment of a guardian; summons and petition.
- Section 62-5-303A. Procedure for court appointment of a guardian; service.
- Section 62-5-303B. Procedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner.
- Section 62-5-303C. Procedure for court appointment of a guardian; hearing.
- Section 62-5-303D. Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual.
- Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.
- Section 62-5-304A. Rights and powers of ward and guardian.
- Section 62-5-305. Acceptance of appointment; consent to jurisdiction.
- Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.
- Section 62-5-307. Informal request for relief.
- Section 62-5-307A. Removal of guardian; termination of incapacity.
- Section 62-5-308. Who may be guardian; priorities.
- Section 62-5-309. Delegation of guardian's powers.
- Section 62-5-310. Proceedings subsequent to appointment; venue.
- Section 62-5-311. Omitted.
- Section 62-5-312. Omitted.
- Section 62-5-313. Omitted.
- 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 62-5-436. Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions.
- Section 62-5-401. Venue.
- Section 62-5-402. Protective proceedings; minors.
- Section 62-5-403. Protective proceedings; incapacitated and disabled persons.
- Section 62-5-403A. Service of summons and petition.
- Section 62-5-403B. Appointment of counsel and guardian ad litem.
- Section 62-5-403C. Hearing; waiver.
- Section 62-5-403D. Report of examiner.
- Section 62-5-404. Protective proceedings; limited conservatorship.
- Section 62-5-405. Protective arrangements.
- Section 62-5-406. Reserved.
- Section 62-5-407. Order of appointment; rights and powers of protected person.
- Section 62-5-408. Who may be appointed conservator; priorities.
- Section 62-5-409. Bond.
- Section 62-5-410. Terms and requirements of bonds.
- Section 62-5-411. Acceptance of appointment; consent to jurisdiction.
- Section 62-5-412. Compensation and expenses.
- Section 62-5-413. Informal request for relief.
- Section 62-5-414. General duty of conservator; financial plan.
- Section 62-5-415. Inventory and records.
- Section 62-5-416. Reporting requirements.
- Section 62-5-417. Conservators; title by appointment.
- Section 62-5-418. Fiduciary letters of conservatorship.
- Section 62-5-419. Sale or encumbrance involving conflict of interest.
- Section 62-5-420. Persons dealing with conservators; protection.
- Section 62-5-421. Interest of protected person not transferable or assignable.
- Section 62-5-422. Powers of conservator in administration.
- Section 62-5-423. Distributive duties and powers of conservator.
- Section 62-5-424. Reserved.
- Section 62-5-425. Preservation of estate plan.
- Section 62-5-426. Claims against protected person.
- Section 62-5-427. Individual liability of conservator.
- Section 62-5-428. Actions for requests subsequent to appointment; procedures.
- Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings.
- Section 62-5-430. Foreign conservator; proof of authority; bond; powers.
- Section 62-5-431. Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions.
- Section 62-5-432. Special needs trust.
- Section 62-5-433. Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons.
- Section 62-5-434. Omitted.
- Section 62-5-435. Omitted.
- Section 62-5-436. Omitted.
- Section 62-5-500. Short title.
- Section 62-5-501. Definitions.
- Section 62-5-502. Health care power of attorney is a durable power of attorney; applicability of part.
- Section 62-5-503. Requirements for health care power of attorney.
- Section 62-5-504. Form of health care power of attorney.
- Section 62-5-505. Health care agent powers.
- Section 62-5-506. Compensation of agent; liability for costs of care or services.
- Section 62-5-507. Pregnancy of principal.
- Section 62-5-508. Duty of health care or nursing care provider.
- Section 62-5-509. Duty of agent.
- Section 62-5-510. Immunity from liability.
- Section 62-5-511. Appointment of successor agents.
- Section 62-5-512. Revocation of health care power of attorney.
- Section 62-5-513. Execution of health care power of attorney does not constitute suicide; requirement of signing health care power of attorney prohibited as condition for insurance or receipt of health care; mercy killing not authorized or approved; absence of health care power of attorney not presumption of intent to consent to or refuse death prolonging procedures.
- Section 62-5-514. Criminal liability.
- Section 62-5-515. Informing another person regarding this part not prohibited.
- Section 62-5-516. Civil liability.
- Section 62-5-517. Document or writing deemed to comply with requirements of this part.
- Section 62-5-518. Validity of a durable power of attorney.
- 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.
- 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 alleged incapacitated individual'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.
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