2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.

Universal Citation: SC Code § 62-5-304 (2018)

Section effective January 1, 2019. See, also, Section 62-5-304 effective until January 1, 2019.

(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 incapacitated and the appointment of a guardian is necessary to provide continuing care and supervision of the incapacitated individual. The court may:

(1) enter an appropriate order;

(2) treat the petition as one for a protective order and proceed accordingly; or

(3) dismiss the proceeding.

(C) The court may appoint co-guardians if the appointment is in the best interest of the incapacitated individual. The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to a sole guardian. Unless the order of appointment provides otherwise:

(1) each co-guardian has authority to act independently; and

(2) if a co-guardian dies, the other co-guardian has continuing authority to act alone.

(D) The court, on its own motion or on the petition or motion of the incapacitated individual or other interested person, may limit the powers of a guardian and create a limited guardianship. A limitation on the statutory power of a guardian of an incapacitated individual shall be endorsed on the guardian's letters. A limitation may be removed, modified, or restored pursuant to Sections 62-5-307 and 62-5-307A.

(E) Unless the court order specifies otherwise:

(1) appointment of a guardian terminates an agent's powers under a health care power of attorney or durable power of attorney for matters within the scope of the guardianship; and

(2) the guardian shall act consistently with the most recent advance directive executed by the ward prior to an adjudication of incapacity.

HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 1; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

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