2024 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 5 - Protection Of Persons Under Disability And Their Property
DISPOSITION TABLE
Showing where the sections in Parts 1, 2, 3, 4, Article 5, Title 62 were recodified.
Former
Section New
Section 62-5-101 62-5-101 62-5-102(a) 62-5-201 62-5-102(b) 62-5-102 62-5-103 62-5-103 62-5-104 62-5-309(c) 62-5-105 62-5-104 62-5-105 (new) 62-5-106 (A) 62-5-101 62-5-106 (B) 62-5-306, 62-5-307 (A), 62-5-428 62-5-106 (new) 62-5-107 (new) 62-5-201 62-5-201 62-5-301 62-5-301 62-5-302 62-5-302 62-5-303 62-5-303, 62-5-303A, 62-5-303B, 62-5-303C, 62-5-303D 62-5-304 62-5-304 62-5-304A (new) 62-5-305 62-5-305 62-5-306 62-5-306 62-5-307 62-5-307, 62-5-307A 62-5-308 removed 62-5-309(A) 62-5-303A 62-5-309(B) 62-5-303C 62-5-310 62-5-108 62-5-311 62-5-308 62-5-312 62-5-309 62-5-313 62-5-310 62-5-401(1) 62-5-402 62-5-401(2) 62-5-403 62-5-402 62-5-426, see also 62-5-201 62-5-403 62-5-401 62-5-404 62-5-403 62-5-405 62-5-403A, 62-5-403C 62-5-406 62-5-403C 62-5-407(a) 62-5-402 62-5-407(b) 62-5-403B, 62-5-403C, 62-5-403D 62-5-407 (new) 62-5-408 62-5-107, 62-5-108, 62-5-404, 62-5-405, 62-5-414, 62-5-422, 62-5-423 62-5-409 62-5-405 62-5-410 62-5-408 62-5-411 62-5-409 62-5-412 62-5-410 62-5-413 62-5-411 62-5-413 (new) 62-5-414 62-5-105, 62-5-412 62-5-415 62-5-428 62-5-416 62-5-428 62-5-417 62-5-414 62-5-418 62-5-415 62-5-419 62-5-416 62-5-420 62-5-417 62-5-421 62-5-418 62-5-422 62-5-419 62-5-423 62-5-420 62-5-421 (new) 62-5-424 62-5-422 62-5-425 62-5-423 62-5-426 62-5-404, 62-5-428 62-5-427 62-5-425 62-5-428 62-5-426 62-5-429 62-5-427 62-5-430 62-5-428 62-5-431 62-5-429 62-5-432 62-5-430 62-5-432 (new) 62-5-433 62-5-433 62-5-434 removed 62-5-435 removed 62-5-436 62-5-431
Editor's Note
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 62-5-101. 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. Emergency orders, 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. Guardian; qualifications; priorities.
- Section 62-5-309. Delegation of guardian's powers.
- Section 62-5-310. Proceedings subsequent to appointment; venue.
- 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. Conservator; qualifications; 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 62-5-500. 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; signing requirement; mercy killing not approved; absence of health care power of attorney.
- 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.
Editor's Note
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.
- 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; determination of needed modification.
- Section 62-5-716. Registration of orders from another state; powers in this state.