reglab/housing_qa huggingface dataset:
SC Code § 62-5-708 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-708. Special jurisdiction.

 (A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A) through (C) has special jurisdiction to do any of the following:  (1) appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for an alleged incapacitated individual who is physically present in this State;  (2) issue a protective order with respect to real or tangible personal property located in this State; or  (3) appoint a guardian or conservator for an incapacitated individual or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714.  (B) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to this article and this State was not the alleged incapacitated individual's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, in (A), substituted "Sections 62-5-707 (A) through (C)" for "Section 62-5-707(1) through (3)"; in (A)(1), substituted "an alleged incapacitated individual" for "a respondent"; in (A)(3), inserted "individual" following "for an incapacitated"; and in (B), substituted "alleged incapacitated individual's" for "respondent's".
SC Code § 62-5-709 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-709. Exclusive and continuing jurisdiction; exception.

 Except as otherwise provided in Section 62-5-708, a court that has appointed a guardian or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order has expired by its own terms.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, substituted "has expired" for "expires".
SC Code § 62-5-710 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.

 (A) The court having jurisdiction pursuant to Section 62-5-707 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.  (B) If the court declines to exercise its jurisdiction pursuant to subsection (A), it either shall dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.  (C) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:  (1) the expressed preference of the alleged incapacitated individual;  (2) whether abuse, neglect, or exploitation of the alleged incapacitated individual has occurred or is likely to occur and which state could best protect the alleged incapacitated individual from the abuse, neglect, or exploitation;  (3) the length of time the alleged incapacitated individual was physically present in or was a legal resident of this or another state;  (4) the distance of the alleged incapacitated individual from the court in each state;  (5) the financial circumstances of the alleged incapacitated individual's estate;  (6) the nature and location of the evidence;  (7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;  (8) the familiarity of the court of each state with the facts and issues in the proceeding; and  (9) if an appointment is made, the court's ability to monitor the conduct of the guardian or conservator.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, in (B), substituted "either shall dismiss" for "shall either dismiss"; in (C)(1) through (C)(4), substituted "alleged incapacitated individual" for "respondent"; and in (C)(5), substituted "alleged incapacitated individual's" for "respondent's".
SC Code § 62-5-711 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-711. Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party.

 (A) If at any time the court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:  (1) decline to exercise jurisdiction;  (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the alleged incapacitated individual or the protection of the alleged incapacitated individual's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or  (3) continue to exercise jurisdiction after considering:  (a) the extent to which the alleged incapacitated individual and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;  (b) whether it is a more appropriate forum than the court of any other state pursuant to the factors provided in Section 62-5-710(C); and  (c) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 62-5-708.  (B) If the court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this article.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, in (A)(2) and (A)(3)(a), substituted "alleged incapacitated individual" for "respondent", and in (A)(2), substituted "alleged incapacitated individual's" for "respondent's".
SC Code § 62-5-712 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-712. Notice requirements to alleged incapacitated individual's home state.

 If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the alleged incapacitated individual's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the alleged incapacitated individual's home state. The notice must be given in the same manner as notice is required to be given in this State.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, twice substituted "alleged incapacitated individual's" for "respondent's".
SC Code § 62-5-713 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-713. Rules for dealing with conflicting petitions in this and another state.

 Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State pursuant to Section 62-5-708(A)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:  (A) if the court has jurisdiction pursuant to Section 62-5-707, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Section 62-5-707 before the appointment or issuance of the order; or  (B) if the court does not have jurisdiction pursuant to Section 62-5-707, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.  Effect of Amendment  2017 Act No. 87, Section 5.B, changed the paragraph designators from (1) and (2) to (A) and (B), and in (A), substituted "order; or" for "order.".
SC Code § 62-5-716 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-716. Registration of orders from another state; powers in this state.

 (A) If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in the court, in any appropriate county of this State, certified copies of the order and letters of office. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770. The court will then issue a certificate of registration. The guardian shall file the certificate, along with a copy of his fiduciary letters of office in county real estate records.  (B) If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in the Probate Court, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770 for the filing of such documents. The court will then issue a certificate of registration. The conservator shall file the certificate, along with a copy of the fiduciary letters in the county real estate records.  (C)(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.  (2) A probate court of this State may grant any relief available pursuant to the provisions of this article and other laws of this State to enforce a registered order.  HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
SC Code § 62-6-102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-102. Applicability of article.

 This article does not apply to: (i) an account established for a partnership, joint venture, or other organization for a business purpose, (ii) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization, or (iii) a fiduciary or trust account in which the relationship is established other than by the terms of the account.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-103 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-103. Accounts.

 (a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to Section 62-6-202(c), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.  (b) An account established after January 1, 2014, whether in the form prescribed in Section 62-6-104 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this subpart, and is governed by this article.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-104. Short forms for single- and multiple-party accounts.

 (a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subpart applicable to an account of that type:  UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM  PARTIES [Name One or More Parties]:  OWNERSHIP [Select One And Initial]:  __SINGLE-PARTY ACCOUNT  __MULTIPLE-PARTY ACCOUNT  Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.  RIGHTS AT DEATH [Select One And Initial]:  If Single-Party Account is chosen above, choose one of following:  __SINGLE-PARTY ACCOUNT  At death of party, ownership passes as part of party's estate.  __SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION  [Name One Or More Beneficiaries]:  At death of party, ownership passes to POD beneficiaries and is not part of party's estate.  If Multiple-Party Account is chosen above, choose one of following:  __MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP  At death of party, ownership passes to surviving parties. The last surviving party owns the entire account. (Note: This can be overridden by clear and convincing evidence of a contrary intent.)  __MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION  [Name One Or More Beneficiaries]:  At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.  __MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP  At death of party, deceased party's ownership passes as part of deceased party's estate.  DESIGNATION OF AGENT FOR ACCOUNT [Optional]  Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.  [To Add Agency Designation To Account, Name One Or More Agents]:  [Select One And Initial]:  ______AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES  ______AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES  (b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) is governed by the provisions of this article applicable to the type of account that most nearly conforms to the depositor's intent.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 70; 1990 Act No. 521, Section 88; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-105. Designation of agent; authority of agent.

 By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party. Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated. Death of the sole party or last surviving party terminates the authority of an agent. The designated agent on an account is authorized to make all transactions on the account that the party can make, including, but not limited to, closing the account. An agent serving under a durable power of attorney can change, modify, or revoke an agent designated on an account.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-106. Applicability of Part 2.

 The provisions of Part 2 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Part 3 governs the liability and set-off rights of financial institutions that make payments pursuant to it.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-201 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-201. Ownership during lifetime.

 (A) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent.  (B) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.  (C) An agent in an account with an agency designation has no beneficial right to sums on deposit.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 69; 1976 Code Section 62-6-103; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-6-202 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-202. Right of survivorship.

 (a) Except as otherwise provided in this subpart, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under Section 62-6-201, and the right of survivorship continues between the surviving parties.  (b) In an account with a POD designation:  (1) on death of one of two or more parties, the rights in sums on deposit are governed by subsection (a);  (2) on death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.  (c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.  (d) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 70; 1990 Act No. 521, Section 88; 1976 Code Section 62-6-104; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-6-203 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-203. Rights of parties and beneficiaries.

 (a) Rights at death of a party under Section 62-6-202 are determined by the terms of the account at the death of the party. A party may alter the terms of the account by a notice signed by the party and given to the financial institution to change the terms of the account or to stop or vary payment under the terms of the account. To be effective the notice must be received by the financial institution during the party's lifetime.  (b) A right of survivorship arising from the express terms of the account under Section 62-6-202 may be altered by clear and convincing evidence, including but not limited to express provisions in a will.  (c) A multiple-party account of husband and wife is presumed to be joint with right of survivorship unless clear and convincing evidence shows survivorship was not the intent of the party.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-204 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-204. Transfers not testamentary.

 A transfer resulting from the application of Section 62-6-202 is effective by reason of the terms of the account involved and this part and is not testamentary or subject to Articles 1 through 4 (estate administration) unless there is clear and convincing evidence that the deceased party did not intend for the account to be joint with right of survivorship.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.