2019 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 5 - Protection Of Persons Under Disability And Their Property
- Section 62-5-101. Definitions and use of terms.
- Section 62-5-102. Consolidation of proceedings.
- Section 62-5-103. Facility of payment or delivery.
- Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator.
- Section 62-5-105. Costs and expenses; attorney's fees.
- Section 62-5-106. Responsibilities and duties of guardian ad litem; reports.
- Section 62-5-107. Finding of incapacity.
- Section 62-5-108. Temporary orders and hearings.
- Section 62-5-301. Testamentary nomination of guardian for incapacitated individual.
- Section 62-5-302. Venue.
- Section 62-5-303. Procedure for court appointment of a guardian; summons and petition.
- Section 62-5-303A. Procedure for court appointment of a guardian; service.
- Section 62-5-303B. Procedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner.
- Section 62-5-303C. Procedure for court appointment of a guardian; hearing.
- Section 62-5-303D. Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual.
- Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.
- Section 62-5-304A. Rights and powers of ward and guardian.
- Section 62-5-305. Acceptance of appointment; consent to jurisdiction.
- Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.
- Section 62-5-307. Informal request for relief.
- Section 62-5-307A. Removal of guardian; termination of incapacity.
- Section 62-5-308. Who may be guardian; priorities.
- Section 62-5-309. Delegation of guardian's powers.
- Section 62-5-310. Proceedings subsequent to appointment; venue.
- Section 62-5-311. Omitted.
- Section 62-5-312. Omitted.
- Section 62-5-313. Omitted.
- Section 62-5-401. Venue.
- Section 62-5-402. Protective proceedings; minors.
- Section 62-5-403. Protective proceedings; incapacitated and disabled persons.
- Section 62-5-403A. Service of summons and petition.
- Section 62-5-403B. Appointment of counsel and guardian ad litem.
- Section 62-5-403C. Hearing; waiver.
- Section 62-5-403D. Report of examiner.
- Section 62-5-404. Protective proceedings; limited conservatorship.
- Section 62-5-405. Protective arrangements.
- Section 62-5-406. Reserved.
- Section 62-5-407. Order of appointment; rights and powers of protected person.
- Section 62-5-408. Who may be appointed conservator; priorities.
- Section 62-5-409. Bond.
- Section 62-5-410. Terms and requirements of bonds.
- Section 62-5-411. Acceptance of appointment; consent to jurisdiction.
- Section 62-5-412. Compensation and expenses.
- Section 62-5-413. Informal request for relief.
- Section 62-5-414. General duty of conservator; financial plan.
- Section 62-5-415. Inventory and records.
- Section 62-5-416. Reporting requirements.
- Section 62-5-417. Conservators; title by appointment.
- Section 62-5-418. Fiduciary letters of conservatorship.
- Section 62-5-419. Sale or encumbrance involving conflict of interest.
- Section 62-5-420. Persons dealing with conservators; protection.
- Section 62-5-421. Interest of protected person not transferable or assignable.
- Section 62-5-422. Powers of conservator in administration.
- Section 62-5-423. Distributive duties and powers of conservator.
- Section 62-5-424. Reserved.
- Section 62-5-425. Preservation of estate plan.
- Section 62-5-426. Claims against protected person.
- Section 62-5-427. Individual liability of conservator.
- Section 62-5-428. Actions for requests subsequent to appointment; procedures.
- Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings.
- Section 62-5-430. Foreign conservator; proof of authority; bond; powers.
- Section 62-5-431. Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions.
- Section 62-5-432. Special needs trust.
- Section 62-5-433. Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons.
- Section 62-5-434. Omitted.
- Section 62-5-435. Omitted.
- Section 62-5-436. Omitted.
- Section 62-5-500. Short title.
- Section 62-5-501. Definitions.
- Section 62-5-502. Health care power of attorney is a durable power of attorney; applicability of part.
- Section 62-5-503. Requirements for health care power of attorney.
- Section 62-5-504. Form of health care power of attorney.
- Section 62-5-505. Health care agent powers.
- Section 62-5-506. Compensation of agent; liability for costs of care or services.
- Section 62-5-507. Pregnancy of principal.
- Section 62-5-508. Duty of health care or nursing care provider.
- Section 62-5-509. Duty of agent.
- Section 62-5-510. Immunity from liability.
- Section 62-5-511. Appointment of successor agents.
- Section 62-5-512. Revocation of health care power of attorney.
- Section 62-5-513. Execution of health care power of attorney does not constitute suicide; requirement of signing health care power of attorney prohibited as condition for insurance or receipt of health care; mercy killing not authorized or approved; absence of health care power of attorney not presumption of intent to consent to or refuse death prolonging procedures.
- Section 62-5-514. Criminal liability.
- Section 62-5-515. Informing another person regarding this part not prohibited.
- Section 62-5-516. Civil liability.
- Section 62-5-517. Document or writing deemed to comply with requirements of this part.
- Section 62-5-518. Validity of a durable power of attorney.
2017 Act No. 87, Section 6, provides as follows:
"(A) This act takes effect on January 1, 2019.
"(B) Except as otherwise provided in this act, on the effective date of this act:
"(1) this act applies to any conservatorships, guardianships, or protective orders for minors or persons under a disability created before, on, or after its effective date;
"(2) this act applies to all judicial proceedings concerning conservatorships, guardianships, or protective orders for minors or persons under a disability commenced on or after its effective date;
"(3) this act applies to judicial proceedings concerning conservatorships, guardianships, and protective orders for minors or persons under a disability commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case that particular provision of this act does not apply and the superseded law applies;
"(4) subject to item (B)(5) and subsection (C) of this SECTION, any rule of construction or presumption provided in this act applies to governing instruments executed before the effective date of this act unless there is a clear indication of a contrary intent in the terms of the governing instrument; and
"(5) an act done and any right acquired or accrued before the effective date of the act is not affected by this act.
"(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or suspended."
- Section 62-5-700. Short title.
- Section 62-5-701. Exclusive jurisdiction.
- Section 62-5-702. Definitions.
- Section 62-5-703. Treatment of foreign countries.
- Section 62-5-704. Court communication with court in another state; record required; exceptions; participation of parties.
- Section 62-5-705. Requests to court of another state; requests from court of another state.
- Section 62-5-706. Testimony of witness located in another state; permitted means of giving testimony; lack of original writing.
- Section 62-5-707. Jurisdiction of court.
- Section 62-5-708. Special jurisdiction.
- Section 62-5-709. Exclusive and continuing jurisdiction; exception.
- Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.
- Section 62-5-711. Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party.
- Section 62-5-712. Notice requirements to alleged incapacitated individual's home state.
- Section 62-5-713. Rules for dealing with conflicting petitions in this and another state.
- Section 62-5-714. Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders.
- Section 62-5-715. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; notice; hearing; provisional and final orders; determination of needed modification.
- Section 62-5-716. Registration of orders from another state; powers in this state.