2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-309. Service and notice in guardianship proceedings.

Universal Citation: SC Code § 62-5-309 (2018)

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

(A) In a proceeding that is properly commenced by filing and service of the summons and petition for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, the following persons must be properly served:

(1) the ward or the person alleged to be incapacitated and his spouse, parents, and adult children;

(2) a person who is serving as his guardian, conservator, or attorney in fact under a durable power of attorney pursuant to Section 62-5-501 or who has his care and custody;

(3) if no other person is notified under item (1), at least one of his closest adult relatives, if one can be found.

(B) Notice of hearing must be given as provided in Section 62-1-401. Waiver of notice by the person alleged to be incapacitated is not effective unless he attends the hearing or his waiver of notice is given by his attorneys or, in proceedings for removal, confirmed in an interview with the visitor, which may be done at any time. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.

HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 2; 2010 Act No. 244, Section 28, eff June 7, 2010.

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