2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-414. General duty of conservator; financial plan.

Universal Citation: SC Code § 62-5-414 (2018)

Section effective January 1, 2019. See, also, Sections 62-5-408 and 62-5-417 effective until January 1, 2019.

(A) In the exercise of his powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.

(B) The court may require a conservator to file a financial plan for managing, expending, and distributing the assets of the protected person's estate. The plan must be tailored for the protected person and the conservator shall revise the plan as the needs and circumstances of the protected person require. The court shall approve, disapprove, or modify the plan in any proceeding as the court determines is necessary based upon the qualifications of the fiduciary. Nothing herein shall require the court to oversee or approve the conservator's investment choices. The conservator shall provide a copy of the plan to the protected person's guardian, if any, or the protected person.

(C) The conservator shall include in the financial plan:

(1) a statement of the extent to which the protected person may be able to develop or restore his ability to manage his property;

(2) an estimate of whether the assets are sufficient to meet the current and future needs of the protected person;

(3) projections of expenses and resources; and

(4) an estimate of how the financial plan may alter the overall estate plan of the protected person, including assets titled with rights of survivorship.

(D) In investing an estate, selecting assets of the estate for distribution, and using powers of revocation or withdrawal available for the use and benefit of the protected person or his dependents and exercisable by the conservator, a conservator shall take into account any estate plan of the protected person known to the conservator and is entitled to examine the protected person's will or revocable trust and any contract, transfer or joint ownership arrangement with the provisions for payment or transfer of benefits at his death to others which the protected person may have originated.

HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398 Section 10; 2005 Act No. 66, Section 7. Formerly Code 1976 Sections 62-5-408 and 62-5-417, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-414 was titled Compensation and expenses, and had the following history: 1986 Act No. 539, Section 1. See now, Code 1976 Sections 62-5-105 and 62-5-412.

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