2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-303A. Procedure for court appointment of a guardian; service.

Universal Citation: SC Code § 62-5-303A (2018)

Section effective January 1, 2019. See, also, Sections 62-5-303 and 62-5-309 effective until January 1, 2019.

(A) As soon as reasonably possible after the filing of the summons and petition, the petitioner shall serve:

(1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual;

(2) a copy of the summons and petition upon all corespondents and the petitioner in any pending guardianship proceeding; and

(3) any affidavits or physician's reports filed with the petition.

(B) If service is not accomplished within one hundred twenty days after the filing of the action, the court may dismiss the action without prejudice.

(C) The notice of right to counsel shall advise the alleged incapacitated individual of the right to counsel of his choice and shall state that if the court has not received notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of proof of service, the court will appoint counsel. In appointing counsel, the court shall consider the expressed preferences of the alleged incapacitated individual.

(D) The date for the alleged incapacitated individual to file a responsive pleading shall run from the later of the date the court appoints counsel for the alleged incapacitated individual or from the date the court receives notice of appearance by counsel selected by the alleged incapacitated individual.

HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 2; 2010 Act No. 244, Sections 25, 28, eff June 7, 2010. Formerly Code Sections 62-5-303 and 62-5-309, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

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