2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-404. Protective proceedings; limited conservatorship.

Section effective January 1, 2019. See, also, Sections 62-5-408 and 62-5-426 effective until January 1, 2019.

(A) Upon a finding by clear and convincing evidence that a basis for an appointment or protective order exists with respect to a minor, the court has all those powers over the estate and affairs of the minor that are necessary for the best interests of the minor and members of his household.

(B) Upon finding by clear and convincing evidence that a basis for an appointment or protective order exists for reasons other than minority, the court has the powers over the incapacitated individual's real and personal property and financial affairs which the incapacitated individual could exercise if not under disability, except the power to make a will or amend a revocable trust.

(C) The court, on its own motion or on the petition or motion of the incapacitated individual or any other person, may limit the powers of a conservator. A limitation on the statutory power of a conservator must be endorsed upon the conservator's letters. A limitation may be removed, modified, or restored pursuant to Section 62-5-428. Notwithstanding the foregoing, the failure to endorse any limitation upon the conservator's letters shall not relieve the conservator of the limitation imposed by order of the court.

HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 10. Formerly Code 1976 Sections 62-5-408 and 62-5-426, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-404 was titled Original petition for appointment or protective order, and had the following history: 1986 Act No. 539, Section 1; 2016 Act No. 278 (S.777), Section 3, eff June 9, 2016. See now, Code 1976 Section 62-5-403.