2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-430. Foreign conservator; proof of authority; bond; powers.
Section effective January 1, 2019. See, also, Section 62-5-432 effective until January 1, 2019.
(A) If a conservator has not been appointed in this State and a petition for a protective order is not pending in this State, a conservator appointed in another state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in the court, in any appropriate county of this State certified copies of the order and letters of office, and any bond. The court shall treat this as the filing of authenticated or certified records and shall charge fees set forth in Section 8-21-770 for the filing of these documents. The court will then issue a certificate of filing as proof of the filing. The conservator shall file the certificate of filing, along with a copy of the letters of office, in the office of the register of deeds of that county.
(B) Upon registration of a protective order from another state, the conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.
(C) A court of this State may grant any relief available under this article and other laws of this State to enforce a registered order.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-432, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Prior Laws: Former Section 62-5-430 was titled Proceeding to terminate conservatorship; application; notice, and had the following history: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 39, eff June 7, 2010 See now, Code 1976 Section 62-5-428.