In addition to the terms defined in Part 1, Article 5, Title 62, the following terms, as used in the part, apply:
(1) "Court" means a probate court in this State or a court in another state with the same jurisdiction as a probate court in this State.
(2) "Guardianship order" means an order appointing a guardian.
(3) "Home state" means the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months immediately preceding the filing of a petition for the appointment of a guardian or protective order; or if none, the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months ending with the six months prior to the filing of the petition.
(4) "Significant-connection state" means a state, other than the home state, with which an alleged incapacitated individual has a significant connection other than mere physical presence and in which substantial evidence concerning the alleged incapacitated individual is available. In determining, pursuant to Sections 62-5-707 and 62-5-714, whether an alleged incapacitated individual has a significant connection with a particular state, the court shall consider the:
(a) location of the alleged incapacitated individual's family and other persons required to be notified of the guardianship or protective proceeding;
(b) length of time the alleged incapacitated individual at any time was physically present in the state and the duration of any absence;
(c) location of the alleged incapacitated individual's property; and
(d) extent to which the alleged incapacitated individual has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, 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.