2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-402. Protective proceedings; minors.

Section effective January 1, 2019. See, also, Sections 62-5-401 and 62-5-407 effective until January 1, 2019.

(A) The appointment of a conservator or issuance of a protective order may be made in relation to the estate and affairs of a minor if:

(1) a minor owns real or personal property that requires management or protection;

(2) a minor has or may have business affairs that may be adversely affected by a lack of effective management; or

(3) it is necessary to obtain and administer funds for the health, education, maintenance, and support of the minor.

(B) The appointment of a conservator or issuance of a protective order for a minor may be made in the following manner:

(1) By filing a verified application setting forth the following information:

(a) the interest of the applicant;

(b) the name, age, current address, and contact information for the minor;

(c) physical location of the minor during the six-month period immediately preceding the filing of the application and if the minor was not present in South Carolina for that period, sufficient information upon which the court may determine it has initial jurisdiction;

(d) the name and address of the non-applicant parent of the minor, the person with whom the minor resides, and other persons as the court directs;

(e) any person who has equal or greater priority for appointment as the person whose appointment is sought pursuant to Section 62-5-408;

(f) the name and address of the person whose appointment is sought and the basis of priority for appointment;

(g) the reason why the appointment is necessary; and

(h) an estimate of the value of the minor's assets and the source of the minor's income, if any.

(2) Upon consideration of the application and in the court's discretion, with or without a hearing, if the court concludes it is in the best interests of the minor, the court shall issue its order of appointment or protective order.

(C) The court may at any time require the filing of a summons and petition for the appointment of a conservator or for issuance of a protective order, and the appointment or order must be made in the following manner:

(1) the petition shall set forth the information required in subsection (B);

(2) the summons and petition must be served on the minor, the minor's parents whose identity and whereabouts are known or reasonably ascertainable, the person or persons having custody of the minor, and other persons the court directs; and

(3) after the time has elapsed for the filing of a response to the petition and a hearing, if the court concludes it is in the best interests of the minor, the court shall issue its order of appointment or a protective order.

(D) Except upon a finding of good cause, the court shall require the conservator to furnish bond, or establish a restricted account, or both pursuant to Section 62-5-409.

(E) If a minor is receiving needs-based government benefits the court may limit access to the minor's funds to prohibit payments that would disqualify the minor from receipt of benefits.

(F) At any time and in any proceeding if the court determines the interests of the minor are not or may not be adequately represented, it may appoint a guardian ad litem to represent the minor.

HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Sections 30, 33, eff June 7, 2010. Formerly Code 1976 Sections 62-5-401 and 62-5-407, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-402 was titled Protective proceedings; jurisdiction of affairs of protected persons, and had the following history: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 6; 2010 Act No. 244, Section 31, eff June 7, 2010. See now, Code 1976 Section 62-5-426.