2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-307A. Removal of guardian; termination of incapacity.

Universal Citation: SC Code § 62-5-307A (2018)

Section effective January 1, 2019. See, also, Section 62-5-307 effective until January 1, 2019.

(A) Upon filing of a summons and petition with the appointing court, the ward or any person interested in his welfare may, for good cause, request an order to:

(1) prove by a preponderance of the evidence that the ward is no longer incapacitated. The petition may request a court order limiting the scope of the guardianship and the authority of the guardian or a termination of the guardianship and the appointment of the guardian. The court may specify a minimum period, not exceeding one year, during which no application or petition for readjudication may be filed without leave of court;

(2) appoint a successor guardian due to death, incapacity, resignation, or dereliction of duty of the guardian. The appointment of a successor guardian does not affect the guardian's liability for prior acts nor his obligation to account for any funds or assets of the ward. The petition shall name a willing and qualified person to serve as successor guardian in the petition or set forth why no such successor is available; or

(3) modify the provisions of an existing court order.

(B) After filing and service of the summons and petition, the court may appoint a guardian ad litem and may appoint counsel for the ward, unless the ward has private counsel, and such examiners as are needed to evaluate and confirm the allegations of the petition.

(C) On its own motion, the court may initiate appropriate proceedings under this section as considered necessary to promote the best interests of the ward.

(D) An attorney who has been asked by the ward to represent him in an action under this section may file a motion with the court for permission to represent the ward.

HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 27, eff June 7, 2010. Formerly Code 1976 Section 62-5-307, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

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