A health care agent has, in addition to the powers set forth in the health care power of attorney, the following specific powers to:
(1) have access to the principal's medical records and information to the same extent that the principal would have access, including the right to disclose the contents to others;
(2) contract on the principal's behalf for placement in a health care or nursing care facility or for health care related services, without the agent incurring personal financial liability for the contract;
(3) hire and fire medical, social service, and other support personnel responsible for the principal's care;
(4) have the same health care facility or nursing care facility visitation rights and privileges of the principal as are permitted to immediate family members or spouses.
HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
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.