(A) The court shall set forth the rights and powers removed from the ward. To the extent rights are not removed, they are retained by the ward. Such rights and powers include the rights and powers to:
(1) marry or divorce;
(2) reside in a place of the ward's choosing, and consent or withhold consent to any residential or custodial placement;
(3) travel without the consent of the guardian;
(4) give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, and physical examinations, care, treatment and therapies;
(5) make end-of-life decisions including, but not limited to, a 'do not resuscitate' order or the application of any medical procedures intended solely to sustain life, and consent or withhold consent to artificial nutrition and hydration;
(6) consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment;
(7) authorize disclosures of confidential information;
(8) operate a vehicle;
(9) vote;
(10) be employed without the consent of a guardian;
(11) consent to or refuse educational services;
(12) participate in social, religious or political activities;
(13) buy, sell, or transfer real or personal property or transact business of any type including, but not limited to, those powers conferred upon the conservator under Section 62-5-422;
(14) make, modify, or terminate contracts;
(15) bring or defend any action at law or equity; and
(16) any other rights and powers that the court finds necessary to address.
(B) The court shall set forth the rights and powers vested in the guardian. These rights and powers include, but are not limited to, the rights and powers to:
(1) determine the place where the ward shall reside and consent or withhold consent to any residential or custodial placement;
(2) consent to travel;
(3) consent or refuse to consent to visitation with family, friends and others;
(4) give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, and physical examinations, care, treatment and therapies;
(5) make end-of-life decisions, including, but not limited, to a "do not resuscitate" order or the application of any medical procedures intended solely to sustain life, and consent or withhold consent to artificial nutrition and hydration;
(6) consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment;
(7) authorize disclosures of confidential information;
(8) consent to or refuse educational services;
(9) consent to employment;
(10) make, modify, or terminate contracts related to the duties of the guardian;
(11) bring or defend any action at law or equity; and
(12) exercise any other rights and powers that the court finds necessary to address.
(C) Nothing in this section must be construed as removing any rights guaranteed by the Bill of Rights for Residents of Long-Term Care Facilities under Chapter 81, Title 44.
(D) The attorney-client privilege between the ward and the ward's counsel must not be removed by the appointment of a guardian.
HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Structure 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 62-5-201. Jurisdiction.
Section 62-5-301. Testamentary nomination of guardian for incapacitated individual.
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 62-5-303C. Procedure for court appointment of a guardian; hearing.
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 62-5-402. 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 62-5-407. Order of appointment; rights and powers of protected person.
Section 62-5-408. Conservator; qualifications; priorities.
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 62-5-425. 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 62-5-430. Foreign conservator; proof of authority; bond; powers.
Section 62-5-432. Special needs trust.
Section 62-5-500. Short title.
Section 62-5-501. Definitions.
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 62-5-514. 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.
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 62-5-705. 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 62-5-712. 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 62-5-716. Registration of orders from another state; powers in this state.