2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-310. Proceedings subsequent to appointment; venue.

Universal Citation: SC Code § 62-5-310 (2018)

Section effective January 1, 2019. See, also, Section 62-5-313 effective until January 1, 2019.

(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as:

(1) the proceeding is terminated following the death of the ward;

(2) the proceeding is terminated pursuant to a readjudication of incapacity;

(3) the court transfers the proceeding to another county's jurisdiction;

(4) the court transfers the proceedings to another state.

(B) If the court with competent jurisdiction determines that venue would be more appropriate:

(1) in another county of this State, the court shall notify the court in the other county and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of an order accepting a resignation or removing a guardian must be sent to the court in which acceptance of appointment is filed; or

(2) in another state, the first court shall follow the procedures set forth in Section 62-5-714.

HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-313, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-310 was titled Temporary guardians, and had the following history: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 3; 1997 Act No. 152, Section 22; 2010 Act No. 244, Section 29, eff June 7, 2010. See now, Code 1976 Section 62-5-108.

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