2017 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-707. Jurisdiction of court.

Section effective until January 1, 2019. See, also, Section 62-5-707 effective January 1, 2019.

The court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this State is the respondent's home state;

(2) on the date the petition is filed, this State is a significant-connection state; and

(a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum; or

(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:

(i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court concludes that it is an appropriate forum pursuant to the factors provided in Section 62-5-710(C);

(3) this State does not have jurisdiction pursuant to either item (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or

(4) the requirements for special jurisdiction pursuant to Section 62-5-708 are met.

HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011.