2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-425. Preservation of estate plan.
Section effective January 1, 2019. See, also, Section 62-5-427 effective until January 1, 2019.
In investment and distribution of estate assets or in the use or withdrawal of a power of revocation, and in titling accounts, the conservator and the court must consider any:
(A) known estate plan, including a revocable trust having the protected person as settlor; or
(B) instrument, including, but not limited to, a contract, transfer, or joint ownership arrangement originated by the protected person which provides a benefit at death to another as referenced in Section 62-5-422.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-427, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Prior Laws: Former Section 62-5-425 was titled Distributive duties and powers of conservator, and had the following history: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 83; 1997 Act No. 152, Section 25. See now, Code 1976 Section 62-5-423.