2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-702. Definitions.
Section effective until January 1, 2019. See, also, Section 62-5-702 effective January 1, 2019.
As used in this part, the term:
(1) "Adult" means an individual who has attained eighteen years of age or who has been emancipated by a court of competent jurisdiction.
(2) "Conservator" means a person appointed by a court to manage an estate of a protected person.
(3) "Court" means a probate court in this State or a court in another state with the same jurisdiction as a probate court in this State.
(4) "Emergency" means circumstances that will likely result in substantial harm to a respondent's health, safety, or welfare or substantial economic loss or expense.
(5) "Guardian" means a person who has qualified as a guardian of an incapacitated person pursuant to a court appointment, but excludes one who is a guardian ad litem or a statutory guardian.
(6) "Guardianship order" means an order appointing a guardian.
(7) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(8) "Home state" means the state in which the respondent was physically present, including a period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including a period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(9) "Incapacitated person" means an adult for whom a guardian or conservator has been appointed.
(10) "Party" means the respondent, petitioner, guardian, conservator, or other person allowed by the court to participate in a guardianship or protective proceeding.
(11) "Person", except in the term "incapacitated person" or "protected person", means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity.
(12) "Protected person" means an adult for whom a protective order has been issued.
(13) "Protective order" means an order appointing a conservator or a court order relating to the management of property of an incapacitated person.
(14) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(15) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(16) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(17) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. In determining pursuant to Sections 62-5-707 and 62-5-714(E) whether a respondent has a significant connection with a particular state, the court shall consider the:
(a) location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) location of the respondent's property; and
(d) extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or a territory or insular possession subject to the jurisdiction of the United States.
(19) "Ward" means a person for whom a guardian has been appointed.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011.