reglab/housing_qa huggingface dataset:
SC Code § 62-5-303C (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-303C. Procedure for court appointment of a guardian; hearing.

 (A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition. The alleged incapacitated individual, all parties, and any person who has filed a demand for notice, shall be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem. The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing. If there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may:  (1) require a formal hearing;  (2) require an informal proceeding as the court shall direct; or  (3) proceed without a hearing.  (B) If no formal hearing is held, the court shall issue a temporary consent order, which shall expire in thirty days. A ward, under a temporary order, may request a formal hearing at any time during the thirty-day period. At the end of the thirty-day period, if the ward has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 2; 2010 Act No. 244, Sections 25, 28, eff June 7, 2010. Formerly Code Sections 62-5-303 and 62-5-309, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-303D (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|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 an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which the report is introduced as evidence. For good cause, the court may admit an examiner's report filed less than forty-eight hours prior to the hearing. All parties are entitled to review the reports after filing, which must be admissible as evidence. The evaluation shall contain, to the best of the examiner's knowledge and belief:  (1) a description of the nature and extent of the incapacity, including specific functional impairments;  (2) a diagnosis and assessment of the alleged incapacitated individual's mental and physical condition, including whether he is taking any medications that may affect his actions;  (3) an evaluation of the alleged incapacitated individual's ability to exercise the rights set forth in Section 62-5-304A;  (4) when consistent with the scope of the examiner's license, an evaluation of the alleged incapacitated individual's ability to learn self-care skills, adaptive behavior, and social skills, and a prognosis for improvement;  (5) the date of all examinations and assessments upon which the report is based;  (6) the identity of the persons with whom the examiner met or consulted regarding the alleged incapacitated individual's mental or physical condition; and  (7) the signature and designation of the professional license held by the examiner.  (B) Unless otherwise directed by the court, the examiner may rely upon an examination conducted within the ninety-day period immediately preceding the filing of the petition. In the absence of bad faith, an examiner appointed by the court pursuant to Section 62-5-303B, is immune from civil liability for breach of patient confidentiality made in furtherance of his duties.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 25, eff June 7, 2010. Formerly Code 1976 Section 62-5-303, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-304 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.

 (A) The court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual.  (B) The court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and the appointment of a guardian is necessary to provide continuing care and supervision of the incapacitated individual. The court may:  (1) enter an appropriate order;  (2) treat the petition as one for a protective order and proceed accordingly; or  (3) dismiss the proceeding.  (C) The court may appoint co-guardians if the appointment is in the best interest of the incapacitated individual. The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to a sole guardian. Unless the order of appointment provides otherwise:  (1) each co-guardian has authority to act independently; and  (2) if a co-guardian dies, the other co-guardian has continuing authority to act alone.  (D) The court, on its own motion or on the petition or motion of the incapacitated individual or other interested person, may limit the powers of a guardian and create a limited guardianship. A limitation on the statutory power of a guardian of an incapacitated individual shall be endorsed on the guardian's letters. A limitation may be removed, modified, or restored pursuant to Sections 62-5-307 and 62-5-307A.  (E) Unless the court order specifies otherwise:  (1) appointment of a guardian terminates an agent's powers under a health care power of attorney or durable power of attorney for matters within the scope of the guardianship; and  (2) the guardian shall act consistently with the most recent advance directive executed by the ward prior to an adjudication of incapacity.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 1; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-305 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-305. Acceptance of appointment; consent to jurisdiction.

 By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be given or waived pursuant to Sections 62-1-401 and 62-1-402.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 26, eff June 7, 2010; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-306 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.

 (A) Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward's death. The court may then issue an order terminating the guardianship and the appointment of the guardian.  (B) If there is no conservatorship for the ward, the guardian may file an application for specific authority to use the ward's funds for the final disposition of the ward's remains. If the application is granted by the court, the guardian shall file an accounting of those funds within ten days from the date of approval, along with a proof of delivery showing he has delivered a copy of the accounting to the last known address of the person named as Personal Representative in the ward's will. If the guardian cannot locate the will after reasonable effort, he shall send a copy of the accounting to the last known address for at least one of the ward's closest adult relatives. Upon approval of the accounting, the court will issue an order terminating the guardianship and the appointment.  (C) Termination of the appointment does not affect the guardian's liability for prior acts nor his obligation to account for any funds or assets of the ward.  HISTORY: 1986 Act No. 539, Section 1; 2008 Act No. 303, Section 1, eff June 11, 2008. Formerly Code 1976 Sections 62-5-106 and 62-5-306, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-307 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-307. Informal request for relief.

 (A) The ward or another person interested in his welfare, may make an informal request for relief by submitting a written request to the court. The court may take such action as considered reasonable and appropriate to protect the ward.  (B) A person making an informal request submits personally to the jurisdiction of the court.  HISTORY: 1986 Act No. 539, Section 1; 2008 Act No. 303, Section 1, eff June 11, 2008; 2010 Act No. 244, Section 27, eff June 7, 2010. Formerly Code 1976 Sections 62-5-106 and 62-5-307, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-307A (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-307A. Removal of guardian; termination of incapacity.

 (A) Upon filing of a summons and petition with the appointing court, the ward or any person interested in his welfare may, for good cause, request an order to:  (1) prove by a preponderance of the evidence that the ward is no longer incapacitated. The petition may request a court order limiting the scope of the guardianship and the authority of the guardian or a termination of the guardianship and the appointment of the guardian. The court may specify a minimum period, not exceeding one year, during which no application or petition for readjudication may be filed without leave of court;  (2) appoint a successor guardian due to death, incapacity, resignation, or dereliction of duty of the guardian. The appointment of a successor guardian does not affect the guardian's liability for prior acts nor his obligation to account for any funds or assets of the ward. The petition shall name a willing and qualified person to serve as successor guardian in the petition or set forth why no such successor is available; or  (3) modify the provisions of an existing court order.  (B) After filing and service of the summons and petition, the court may appoint a guardian ad litem and may appoint counsel for the ward, unless the ward has private counsel, and such examiners as are needed to evaluate and confirm the allegations of the petition.  (C) On its own motion, the court may initiate appropriate proceedings under this section as considered necessary to promote the best interests of the ward.  (D) An attorney who has been asked by the ward to represent him in an action under this section may file a motion with the court for permission to represent the ward.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 27, eff June 7, 2010. Formerly Code 1976 Section 62-5-307, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-308 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-308. Guardian; qualifications; priorities.

 (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.
SC Code § 62-5-310 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-310. Proceedings subsequent to appointment; venue.

 (A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as:  (1) the proceeding is terminated following the death of the ward;  (2) the proceeding is terminated pursuant to a readjudication of incapacity;  (3) the court transfers the proceeding to another county's jurisdiction;  (4) the court transfers the proceedings to another state.  (B) If the court with competent jurisdiction determines that venue would be more appropriate:  (1) in another county of this State, the court shall notify the court in the other county and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of an order accepting a resignation or removing a guardian must be sent to the court in which acceptance of appointment is filed; or  (2) in another state, the first court shall follow the procedures set forth in Section 62-5-714.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-313, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-401 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-401. Venue.

 Subject to the provisions of Section 62-5-701, et seq., venue for proceedings under this part is:  (1) in the county where the alleged incapacitated individual resides; or  (2) if the alleged incapacitated individual does not reside in this State, in any county in the state where the alleged incapacitated individual has property or has the right to take legal action.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-403, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-403A (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-403A. Service of summons and petition.

 (A) As soon as reasonably possible after the filing of the summons and petition, the petitioner shall serve:  (1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual;  (2) a copy of the summons and petition upon all corespondents and the petitioner in any pending conservatorship or protective proceeding; and  (3) any affidavits or physicians' reports filed with the petition.  (B) If service is not accomplished within one hundred twenty days after the filing of the action, the court may dismiss the action without prejudice.  (C) The notice of right to counsel shall advise the alleged incapacitated individual of the right to counsel of his choice and shall state that if the court has not received a notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of the proof of service, the court will appoint counsel. In appointing counsel, the court may consider the expressed preferences of the alleged incapacitated individual.  (D) The date for the alleged incapacitated individual to file a responsive pleading shall run from the later of the date the court appoints counsel for the alleged incapacitated individual or from the date the court receives notice of appearance by counsel selected by the alleged incapacitated individual.  HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 23; 2010 Act No. 244, Section 32, eff June 7, 2010; 2016 Act No. 278 (S.777), Section 4, eff June 9, 2016. Formerly Code 1976 Section 62-5-405, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-403C (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-403C. Hearing; waiver.

 (A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition. The alleged incapacitated individual, all parties, and any person who has filed a request or demand for notice must be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem. The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing. If there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may:  (1) require a formal hearing;  (2) require an informal proceeding as the court shall direct; or  (3) proceed without a hearing.  (B) If no formal hearing is held, the court shall issue a temporary consent order, which shall expire in thirty days. A protected person, under a temporary order, may request a formal hearing at any time during the thirty-day period. At the end of the thirty-day period, if the protected person has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 67; 1997 Act No. 152, Section 23; 2010 Act No. 244, Sections 32, 33, eff June 7, 2010; 2016 Act No. 278 (S.777), Sections 4, 5, eff June 9, 2016. Formerly Code 1976 Sections 62-5-405, 62-5-406, and 62-5-407, renumbered and amended by 2017 Act No. 87, Section 5.A, eff January 1, 2019.
SC Code § 62-5-403D (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-403D. Report of examiner.

 (A) Each examiner shall complete a notarized report setting forth an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which the report will be introduced as evidence. For good cause, the court may admit an examiner's report filed less than forty-eight hours prior to the hearing. All parties are entitled to review the reports, which are admissible as evidence. The evaluation shall contain, to the best of the examiner's knowledge and belief:  (1) a description of the nature and extent of the incapacity, including specific functional impairments;  (2) a diagnosis and assessment of the alleged incapacitated individual's mental and physical condition, including whether he is taking any medications that may affect his actions;  (3) an evaluation of the alleged incapacitated individual's ability to exercise the rights set forth in Section 62-5-407;  (4) when consistent with the scope of the examiner's license, an evaluation of the alleged incapacitated individual's ability to learn self-care skills, adaptive behavior, and social skills, and a prognosis for improvement;  (5) the date of all examinations and assessments upon which the report is based;  (6) the identity of the persons with whom the examiner met or consulted regarding the alleged incapacitated individual's mental or physical condition; and  (7) the signature and designation of the professional license held by the examiner.  (B) Unless otherwise directed by the court, the examiner may rely upon an examination conducted within the ninety-day period immediately preceding the filing of the petition. In the absence of bad faith, an examiner appointed by the court pursuant to Section 62-5-403B is immune from civil liability for any breach of patient confidentiality made in furtherance of his duties.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 33, eff June 7, 2010; 2016 Act No. 278 (S.777), Section 5, eff June 9, 2016. Formerly Code 1976 Section 62-5-407, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.