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Section 62-5-101. Definitions and use of terms. - Unless otherwise apparent from the context, in this article: (1)...
Section 62-5-102. Consolidation of proceedings. - When both guardianship proceedings and protective proceedings as to the...
Section 62-5-103. Facility of payment or delivery. - (A) A person under a duty to pay or deliver...
Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator. - If a patient of a state mental health facility has...
Section 62-5-105. Costs and expenses; attorney's fees. - (A) In a formal proceeding, the court, as justice and...
Section 62-5-106. Responsibilities and duties of guardian ad litem; reports. - (A) Once a guardian ad litem is appointed by the...
Section 62-5-107. Finding of incapacity. - Unless an order of the court specifies otherwise, a finding...
Section 62-5-108. Temporary orders and hearings. - (A) The process for emergency orders without notice, emergency hearings,...
Section 62-5-201. Jurisdiction. - Exclusive jurisdiction of the court is set forth in Sections...
Section 62-5-301. Testamentary nomination of guardian for incapacitated individual. - (A) The parent of an alleged incapacitated individual may by...
Section 62-5-302. Venue. - Venue for guardianship proceedings is in the place where the...
Section 62-5-303. Procedure for court appointment of a guardian; summons and petition. - (A) A person seeking a finding of incapacity, appointment of...
Section 62-5-303A. Procedure for court appointment of a guardian; service. - (A) As soon as reasonably possible after the filing of...
Section 62-5-303B. Procedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner. - (A) Upon receipt by the court of proof of service...
Section 62-5-303C. Procedure for court appointment of a guardian; hearing. - (A) As soon as the interests of justice may allow,...
Section 62-5-303D. Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual. - (A) Each examiner shall complete a notarized report setting forth...
Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers. - (A) The court shall exercise its authority to encourage maximum...
Section 62-5-304A. Rights and powers of ward and guardian. - (A) The court shall set forth the rights and powers...
Section 62-5-305. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a guardian submits personally to the jurisdiction...
Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds. - (A) Upon the death of the ward, the guardian shall...
Section 62-5-307. Informal request for relief. - (A) The ward or another person interested in his welfare,...
Section 62-5-307A. Removal of guardian; termination of incapacity. - (A) Upon filing of a summons and petition with the...
Section 62-5-308. Guardian; qualifications; priorities. - (A) In appointing a guardian, the court shall consider persons...
Section 62-5-309. Delegation of guardian's powers. - (A) Subject to the rights and powers retained by the...
Section 62-5-310. Proceedings subsequent to appointment; venue. - (A) The court that appointed the guardian shall maintain jurisdiction...
Section 62-5-401. Venue. - Subject to the provisions of Section 62-5-701, et seq., venue...
Section 62-5-402. Protective proceedings; minors. - (A) The appointment of a conservator or issuance of a...
Section 62-5-403. Protective proceedings; incapacitated and disabled persons. - (A) A person seeking a finding of incapacity, appointment of...
Section 62-5-403A. Service of summons and petition. - (A) As soon as reasonably possible after the filing of...
Section 62-5-403B. Appointment of counsel and guardian ad litem. - (A) Except in cases governed by Section 62-5-431 relating to...
Section 62-5-403C. Hearing; waiver. - (A) As soon as the interests of justice may allow,...
Section 62-5-403D. Report of examiner. - (A) Each examiner shall complete a notarized report setting forth...
Section 62-5-404. Protective proceedings; limited conservatorship. - (A) Upon a finding by clear and convincing evidence that...
Section 62-5-405. Protective arrangements. - (A) When it is established in a formal proceeding that...
Section 62-5-406. Reserved. - HISTORY: Former Section, titled Protective proceedings; request for notice; interested...
Section 62-5-407. Order of appointment; rights and powers of protected person. - (A) The court shall exercise its authority to encourage maximum...
Section 62-5-408. Conservator; qualifications; priorities. - (A) In appointing a conservator, the court shall consider persons...
Section 62-5-409. Bond. - Except upon a finding of good cause, the court shall...
Section 62-5-410. Terms and requirements of bonds. - (A) The following requirements and provisions apply to any bond...
Section 62-5-411. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a conservator submits personally to the jurisdiction...
Section 62-5-412. Compensation and expenses. - Any conservator or special conservator appointed in a protective proceeding...
Section 62-5-413. Informal request for relief. - (A) The protected person or another person interested in his...
Section 62-5-414. General duty of conservator; financial plan. - (A) In the exercise of his powers, a conservator is...
Section 62-5-415. Inventory and records. - Within thirty days of appointment, the conservator shall prepare and...
Section 62-5-416. Reporting requirements. - (A) A conservator shall report to the court regarding his...
Section 62-5-417. Conservators; title by appointment. - The appointment of a conservator vests in him title as...
Section 62-5-418. Fiduciary letters of conservatorship. - (A) Fiduciary letters of conservatorship are evidence of transfer of...
Section 62-5-419. Sale or encumbrance involving conflict of interest. - Pursuant to the procedures set forth in Section 62-5-428(B), the...
Section 62-5-420. Persons dealing with conservators; protection. - A person, who in good faith either assists a conservator...
Section 62-5-421. Interest of protected person not transferable or assignable. - (A) Except as otherwise provided in subsections (B) and (C),...
Section 62-5-422. Powers of conservator in administration. - (A) Except as otherwise qualified or limited by court order,...
Section 62-5-423. Distributive duties and powers of conservator. - (A) A conservator may expend or distribute sums from the...
Section 62-5-424. Reserved. - HISTORY: Former Section, titled Powers of conservator in administration, had...
Section 62-5-425. Preservation of estate plan. - In investment and distribution of estate assets or in the...
Section 62-5-426. Claims against protected person. - (A) The probate court has exclusive jurisdiction over claims against...
Section 62-5-427. Individual liability of conservator. - (A) Unless otherwise provided in a contract, a conservator is...
Section 62-5-428. Actions for requests subsequent to appointment; procedures. - (A)(1) Upon filing of an application with the appointing court,...
Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings. - (A) A person indebted to a protected person, or having...
Section 62-5-430. Foreign conservator; proof of authority; bond; powers. - (A) If a conservator has not been appointed in this...
Section 62-5-431. Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions. - (A) For purposes of this section: (1) "Estate" and "income"...
Section 62-5-432. Special needs trust. - (A) The court has authority to create and establish a...
Section 62-5-433. Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons. - (A)(1) For purposes of this section and for any claim...
Section 62-5-500. Short title. - This part may be cited as the "South Carolina Statutory...
Section 62-5-501. Definitions. - As used in this part: (1) "Agent" or "health care...
Section 62-5-502. Health care power of attorney is a durable power of attorney; applicability of part. - (a) A health care power of attorney is a durable...
Section 62-5-503. Requirements for health care power of attorney. - (a) A health care power of attorney must: (1) be...
Section 62-5-504. Form of health care power of attorney. - A health care power of attorney executed on or after...
Section 62-5-505. Health care agent powers. - A health care agent has, in addition to the powers...
Section 62-5-506. Compensation of agent; liability for costs of care or services. - (a) The agent is not entitled to compensation for services...
Section 62-5-507. Pregnancy of principal. - If a principal has been diagnosed as pregnant, life-sustaining procedures...
Section 62-5-508. Duty of health care or nursing care provider. - A health care provider or nursing care provider having knowledge...
Section 62-5-509. Duty of agent. - An agent acting pursuant to a health care power of...
Section 62-5-510. Immunity from liability. - (a) A person who relies in good faith upon a...
Section 62-5-511. Appointment of successor agents. - (a) The principal may appoint one or more successor agents...
Section 62-5-512. Revocation of health care power of attorney. - (a) A health care power of attorney may be revoked...
Section 62-5-513. Execution of health care power of attorney; signing requirement; mercy killing not approved; absence of health care power of attorney. - (a) The execution and effectuation of a health care power...
Section 62-5-514. Criminal liability. - If a person coerces or fraudulently induces another person to...
Section 62-5-515. Informing another person regarding this part not prohibited. - Nothing in this part prohibits a person from informing another...
Section 62-5-516. Civil liability. - (a) If a person wilfully conceals, cancels, defaces, obliterates, or...
Section 62-5-517. Document or writing deemed to comply with requirements of this part. - (a) A document or writing containing the following provisions is...
Section 62-5-518. Validity of a durable power of attorney. - The validity of a durable power of attorney that authorizes...
Section 62-5-700. Short title. - This act may be cited as the "South Carolina Adult...
Section 62-5-701. Exclusive jurisdiction. - Notwithstanding another provision of law, this part provides the exclusive...
Section 62-5-702. Definitions. - In addition to the terms defined in Part 1, Article...
Section 62-5-703. Treatment of foreign countries. - The court may treat a foreign country as if it...
Section 62-5-704. Court communication with court in another state; record required; exceptions; participation of parties. - (A) The court may communicate with a court in another...
Section 62-5-705. Requests to court of another state; requests from court of another state. - (A) In a guardianship or protective proceeding in this State,...
Section 62-5-706. Testimony of witness located in another state. - (A) In a guardianship or protective proceeding, in addition to...
Section 62-5-707. Jurisdiction of court. - The court has jurisdiction to appoint a guardian or issue...
Section 62-5-708. Special jurisdiction. - (A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A)...
Section 62-5-709. Exclusive and continuing jurisdiction; exception. - Except as otherwise provided in Section 62-5-708, a court that...
Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding. - (A) The court having jurisdiction pursuant to Section 62-5-707 to...
Section 62-5-711. Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party. - (A) If at any time the court determines that it...
Section 62-5-712. Notice requirements to alleged incapacitated individual's home state. - If a petition for the appointment of a guardian or...
Section 62-5-713. Rules for dealing with conflicting petitions in this and another state. - Except for a petition for the appointment of a guardian...
Section 62-5-714. Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders. - (A) A guardian or conservator appointed in this State may...
Section 62-5-715. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification. - (A) To confirm transfer of a guardianship or conservatorship to...
Section 62-5-716. Registration of orders from another state; powers in this state. - (A) If a guardian has been appointed in another state...