2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings.

Universal Citation: SC Code § 62-5-429 (2018)

Section effective January 1, 2019. See, also, Section 62-5-431 effective until January 1, 2019.

(A) A person indebted to a protected person, or having possession of property of or an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating that:

(1) no protective proceeding relating to the protected person is pending in this State; and

(2) the foreign conservator is entitled to payment or to receive delivery.

(B) If the person to whom the affidavit is presented is not aware of a protective proceeding pending in this State, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-431, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-429 was titled Individual liability of conservator, and had the following history: 1986 Act No. 539, Section 1. See now, Code 1976 Section 62-5-427.

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