2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-304A. Rights and powers of ward and guardian.

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

Section effective January 1, 2019.

(A) The court shall set forth the rights and powers removed from the ward. To the extent rights are not removed, they are retained by the ward. Such rights and powers include the rights and powers to:

(1) marry or divorce;

(2) reside in a place of the ward's choosing, and consent or withhold consent to any residential or custodial placement;

(3) travel without the consent of the guardian;

(4) give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, and physical examinations, care, treatment and therapies;

(5) make end-of-life decisions including, but not limited to, a 'do not resuscitate' order or the application of any medical procedures intended solely to sustain life, and consent or withhold consent to artificial nutrition and hydration;

(6) consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment;

(7) authorize disclosures of confidential information;

(8) operate a vehicle;

(9) vote;

(10) be employed without the consent of a guardian;

(11) consent to or refuse educational services;

(12) participate in social, religious or political activities;

(13) buy, sell, or transfer real or personal property or transact business of any type including, but not limited to, those powers conferred upon the conservator under Section 62-5-422;

(14) make, modify, or terminate contracts;

(15) bring or defend any action at law or equity; and

(16) any other rights and powers that the court finds necessary to address.

(B) The court shall set forth the rights and powers vested in the guardian. These rights and powers include, but are not limited to, the rights and powers to:

(1) determine the place where the ward shall reside and consent or withhold consent to any residential or custodial placement;

(2) consent to travel;

(3) consent or refuse to consent to visitation with family, friends and others;

(4) give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, and physical examinations, care, treatment and therapies;

(5) make end-of-life decisions, including, but not limited, to a "do not resuscitate" order or the application of any medical procedures intended solely to sustain life, and consent or withhold consent to artificial nutrition and hydration;

(6) consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment;

(7) authorize disclosures of confidential information;

(8) consent to or refuse educational services;

(9) consent to employment;

(10) make, modify, or terminate contracts related to the duties of the guardian;

(11) bring or defend any action at law or equity; and

(12) exercise any other rights and powers that the court finds necessary to address.

(C) Nothing in this section must be construed as removing any rights guaranteed by the Bill of Rights for Residents of Long-Term Care Facilities under Chapter 81, Title 44.

(D) The attorney-client privilege between the ward and the ward's counsel must not be removed by the appointment of a guardian.

HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

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