(A) In appointing a guardian, the court shall consider persons who are otherwise qualified in the following order of priority:
(1) a person previously appointed guardian, other than a temporary or emergency guardian, currently acting for the ward in this State or elsewhere;
(2) a person nominated to serve as guardian by the alleged incapacitated individual if he has sufficient mental capacity to make a reasoned choice;
(3) an agent designated in a power of attorney by the alleged incapacitated individual, whose authority includes powers relating to the care of the alleged incapacitated individual;
(4) the spouse of the alleged incapacitated individual or a person nominated as testamentary guardian in the will of the alleged incapacitated individual's deceased spouse;
(5) an adult child of the alleged incapacitated individual;
(6) a parent of the alleged incapacitated individual or a person nominated as testamentary guardian in the will of the alleged incapacitated individual's deceased parent;
(7) the person nearest in kinship to the alleged incapacitated individual who is willing to accept the appointment;
(8) a person with whom the alleged incapacitated individual resides outside of a health care facility, group home, homeless shelter, or prison;
(9) a person nominated by a health care facility caring for the alleged incapacitated individual; and
(10) any other person considered suitable by the court.
(B) A person whose priority is based upon his status under subsections (A)(1), (3), (4), (5), (6), or (7) may nominate in writing a person to serve in his or her stead. With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the alleged incapacitated individual, may decline to appoint a person having higher priority and appoint a person having lesser priority or no priority.
(C) Other than as provided in Section 62-5-108, a probate judge or an employee of the court shall not serve as a guardian of a ward; except, a probate judge or an employee of the court may serve as a guardian of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, "family member" means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 4. Formerly Code 1976 Section 62-5-311, renumbered and amended by 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.