2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-708. Special jurisdiction.

Universal Citation: SC Code § 62-5-708 (2018)

Section effective January 1, 2019. See, also, Section 62-5-708 effective until January 1, 2019.

(A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A) through (C) has special jurisdiction to do any of the following:

(1) appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for an alleged incapacitated individual who is physically present in this State;

(2) issue a protective order with respect to real or tangible personal property located in this State; or

(3) appoint a guardian or conservator for an incapacitated individual or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714.

(B) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to this article and this State was not the alleged incapacitated individual's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.

Editor's Note

2010 Act No. 213, Section 4, provides as follows:

"The provisions of this act take effect on January 1, 2011, and apply to guardianship and protective proceedings begun on or after that date."

Effect of Amendment

2017 Act No. 87, Section 5.B, in (A), substituted "Sections 62-5-707 (A) through (C)" for "Section 62-5-707(1) through (3)"; in (A)(1), substituted "an alleged incapacitated individual" for "a respondent"; in (A)(3), inserted "individual" following "for an incapacitated"; and in (B), substituted "alleged incapacitated individual's" for "respondent's".

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