2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-311. Who may be guardian; priorities.

Universal Citation: SC Code § 62-5-311 (2018)

Section effective until January 1, 2019. See, also, Section 62-5-308 effective January 1, 2019.

(A) Any competent person or a suitable institution may be appointed guardian of an incapacitated person.

(B) Subject to a finding of good cause by the court, persons who are not disqualified have priority for appointment as guardian in the following order:

(1) a person nominated to serve as guardian by the incapacitated person;

(2) an attorney in fact appointed by the incapacitated person pursuant to Section 62-5-501, whose authority includes powers relating to the person of the incapacitated person;

(3) the spouse of the incapacitated person. A person who claims to be a common law spouse of the incapacitated person has the burden of proving that status in order to qualify for appointment as a guardian under this provision. A decision by the probate court regarding the status of a common law spouse is for the purpose of guardianship appointment proceedings only and is not binding in any other court of law or in any administrative proceeding;

(4) an adult child of the incapacitated person;

(5) a parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;

(6) another relative of the incapacitated person;

(7) a person nominated by the person who is caring for him or paying benefits to him.

HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 4.

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