2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Section 62-5-403C. Hearing; waiver.

Universal Citation: SC Code § 62-5-403C (2018)

Section effective January 1, 2019. See, also, Sections 62-5-405, 62-5-406, and 62-5-407 effective until January 1, 2019.

(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition. The alleged incapacitated individual, all parties, and any person who has filed a request or demand for notice must be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem. The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing. If there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may:

(1) require a formal hearing;

(2) require an informal proceeding as the court shall direct; or

(3) proceed without a hearing.

(B) If no formal hearing is held, the court shall issue a temporary consent order, which shall expire in thirty days. A protected person, under a temporary order, may request a formal hearing at any time during the thirty-day period. At the end of the thirty-day period, if the protected person has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem.

HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 67; 1997 Act No. 152, Section 23; 2010 Act No. 244, Sections 32, 33, eff June 7, 2010; 2016 Act No. 278 (S.777), Sections 4, 5, eff June 9, 2016. Formerly Code 1976 Sections 62-5-405, 62-5-406, and 62-5-407, renumbered and amended by 2017 Act No. 87, Section 5.A, eff January 1, 2019.

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