reglab/housing_qa huggingface dataset:
SC Code § 62-4-205 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-205. Powers.

 A domiciliary foreign personal representative who has complied with Section 62-4-204 may exercise as to assets (including real and personal property) in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 80; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-4-206 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-206. Power of representatives in transition.

 The power of a domiciliary foreign personal representative under Section 62-4-201 or 62-4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 62-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this State.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-4-207 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-207. Ancillary and other local administrations; governing provision.

 In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206.  HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 9; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted at the end "and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206".
SC Code § 62-4-301 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-301. Jurisdiction by act of foreign personal representative.

 A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by (1) filing authenticated copies of his appointment as provided in Section 62-4-204, (2) receiving payment of money or taking delivery of personal property under Section 62-4-201, or (3) doing any act as a personal representative in this State which would have given the State jurisdiction over him as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-4-302 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-302. Jurisdiction by act of decedent.

 In addition to jurisdiction conferred by Section 62-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to jurisdiction immediately prior to death.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-4-303 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-303. Service on foreign personal representative.

 (a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or his decedent immediately prior to death.  (b) If service is made upon a foreign personal representative as provided in subsection (a), he shall be allowed thirty days within which to appear or respond.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-4-401 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 4 - Local And Foreign Personal Representatives; Ancillary Administration|Section 62-4-401. Effect of adjudication for or against personal representative.

 An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication; provided, however, that notice and the opportunity to defend must be given to the local representative in order that the judgment be collectible.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-5-102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-102. Consolidation of proceedings.

 When both guardianship proceedings and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.  HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 5; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator.

 If a patient of a state mental health facility has no legally appointed conservator, the Director of the Department of Mental Health or his designee, may receive and accept, for the use and benefit of the patient, assets which may be due the patient by inheritance, gift, pension, or otherwise with a net aggregate amount not exceeding fifteen thousand dollars in one calendar year. The director or his designee may act as conservator for the patient and his endorsement or receipt discharges the obligor for any assets received. Upon receipt, the director or his designee shall apply the assets for the proper maintenance, use, and benefit of the patient. In the event the patient dies leaving an unexpended balance of assets in the hands of the director or his designee, the director or his designee shall apply the balance first to the funeral expenses of the patient, and any balance remaining must be held by the director or his designee for a period of six months; if within that period, the director or his designee is not contacted by the personal representative of the deceased patient, the balance of the assets may be applied to the maintenance and medical care account of the deceased patient. The director or his designee must, within thirty days following the death of the patient, notify the court in the county in which the patient resided at the time of admission to the department's facility of the death of the patient and provide a list of any property belonging to the patient and held by the department. Upon appointment of a conservator for a patient of a state mental health facility, the director shall deliver any assets of the protected person to the conservator and provide an accounting of the management of those assets.  HISTORY: 1986 Act No. 539, Section 1; 1993 Act No. 83, Section 1; 1993 Act No. 181, Section 1611. Formerly Code 1976 Section 62-5-105, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-105. Costs and expenses; attorney's fees.

 (A) In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the assets of a ward or protected person who is the subject of a formal proceeding.  (B) If not otherwise compensated for services rendered, the court-appointed guardian ad litem, counsel for the alleged incapacitated individual, counsel for the minor, and designated examiner are entitled to reasonable compensation, as determined by the court.  (C) Unless the court issues an order stating otherwise, petitioners are responsible for their own attorney's fees and costs, as well as the other costs and expenses of the action.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-107 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-107. Finding of incapacity.

 Unless an order of the court specifies otherwise, a finding of incapacity is not a determination that the protected person or ward lacks testamentary capacity or the capacity to create, amend, or revoke a revocable trust.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-201 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-201. Jurisdiction.

 Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward's place of abode, unless otherwise specified in the court's order. The court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 66; 1988 Act No. 659, Section 5. Formerly Code 1976 Sections 62-5-102 and 62-5-201, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-301 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-301. Testamentary nomination of guardian for incapacitated individual.

 (A) The parent of an alleged incapacitated individual may by will nominate a guardian for an alleged incapacitated individual. A testamentary nomination by a parent gives the nominee priority pursuant to Section 62-5-308 in any proceeding to determine incapacity and appoint a guardian. A testamentary nomination by a parent gives priority to the nominee to make health care decisions for the alleged incapacitated individual pursuant to Section 44-66-30. Such nomination creates priority under Sections 62-5-308 and 44-66-30 when the will is informally or formally probated, if prior to the will being probated, both parents are deceased or the surviving parent is adjudged incapacitated. If both parents are deceased, the nomination by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings.  (B) The spouse of an alleged incapacitated individual may by will nominate a guardian for an alleged incapacitated individual. A testamentary nomination by a spouse gives the nominee priority pursuant to Section 62-5-308 in any proceeding to determine incapacity and appoint a guardian. A testamentary nomination by a spouse gives priority to the nominee to make health care decisions for the alleged incapacitated individual pursuant to Section 44-66-30. Such nomination creates priority under Sections 62-5-308 and 44-66-30 when the will is informally or formally probated. An effective nomination by a spouse has priority over a nomination by a parent unless the nomination is terminated by the denial of probate in formal proceedings.  (C) This State shall recognize a testamentary nomination under a will probated at the testator's domicile in another state.  HISTORY: 1986 Act No. 539, Section 1; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-302 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-302. Venue.

 Venue for guardianship proceedings is in the place where the alleged incapacitated individual or ward resides or is present. If the alleged incapacitated individual or ward is committed to an institution pursuant to an order of a court of competent jurisdiction, venue also is in the county in which that court sits.  HISTORY: 1986 Act No. 539, Section 1; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-303 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-303. Procedure for court appointment of a guardian; summons and petition.

 (A) A person seeking a finding of incapacity, appointment of a guardian, or both, must file a summons and petition. When more than one petition is pending in the same court, the proceedings may be consolidated.  (B) The petition shall set forth, to the extent known or reasonably ascertainable, the following information:  (1) interest of the petitioner;  (2) name, age, current address, and contact information of the alleged incapacitated individual, who must be designated as a respondent;  (3) physical location of the alleged incapacitated individual during the six-month period immediately preceding the filing of the summons and petition; and, if the alleged incapacitated individual was not physically present in South Carolina for that period, sufficient information upon which the court may make a determination that it has initial jurisdiction pursuant to Section 62-5-707;  (4) to the extent known and reasonably ascertainable, the names and addresses of the following persons, who must be designated as corespondents:  (a) the alleged incapacitated individual's spouse and adult children; or, if none, his parents; or, if none, at least one of his adult relatives within the nearest degree of kinship;  (b) a person known to have been appointed as agent for the alleged incapacitated individual under a general durable power of attorney or health care power of attorney;  (c) a person who has equal or greater priority for appointment pursuant to Section 62-5-308 as the person whose appointment is sought in the petition; and  (d) a person, other than an unrelated employee or health care worker, who is known or reasonably ascertainable by the petitioner to have materially participated in caring for the alleged incapacitated individual within the six-month period preceding the filing of the petition;  (5) name and address of the proposed guardian and the basis of his priority for appointment;  (6) reasons why a guardianship is necessary, including why less restrictive alternatives are not available or appropriate, and a brief description of the nature and extent of the alleged incapacity;  (7) a statement of any rights that a petitioner is requesting be removed from the alleged incapacitated individual, any restrictions to be placed on the alleged incapacitated individual, and any restrictions sought to be imposed on the guardian's powers and duties; and  (8) to the extent known and reasonably ascertainable, a general statement of the alleged incapacitated individual's assets, with an estimate of value, and the source and amount of any income of the alleged incapacitated individual.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 25, eff June 7, 2010; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-303A (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-303A. Procedure for court appointment of a guardian; service.

 (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 guardianship proceeding; and  (3) any affidavits or physician's 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 notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of proof of service, the court will appoint counsel. In appointing counsel, the court shall 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; 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 § 62-5-303B (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-303B. 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 of the summons, petition, and notice of right to counsel upon the alleged incapacitated individual, the court shall:  (1) upon the expiration of fifteen days from filing the proof of service on the alleged incapacitated individual, if no notice of appearance has been filed by counsel retained by the alleged incapacitated individual, appoint counsel;  (2) no later than thirty days from the filing of the proof of service on the alleged incapacitated individual, appoint:  (a) a guardian ad litem for the alleged incapacitated individual who shall have the duties and responsibilities set forth in Section 62-5-106; and  (b) one examiner, who must be a physician, to examine the alleged incapacitated individual and file a notarized report setting forth his evaluation of the condition of the alleged incapacitated individual in accordance with the provisions set forth in Section 62-5-303D. Unless the guardian ad litem or the alleged incapacitated individual objects, if a physician's notarized report is filed with the petition and served upon the alleged incapacitated individual and all interested parties with the petition, then the court may appoint such physician as the examiner. Upon the court's own motion or upon request of the initial examiner, the alleged incapacitated individual, or his guardian ad litem, the court may appoint a second examiner, who must be a physician, nurse, social worker, or psychologist.  (B) At any time during the proceeding, if requested by a guardian ad litem who is not an attorney, the court may appoint counsel for the guardian ad litem.  (C) At the attorney's discretion, the attorney for the alleged incapacitated individual may file a motion requesting that the court relieve him as the attorney if the alleged incapacitated individual is incapable of communicating, with or without reasonable accommodations, his wishes, interests, or preferences regarding the appointment of a guardian. The attorney must file an affidavit in support of the motion. If the court is satisfied that the alleged incapacitated individual is incapable of communicating, with or without reasonable accommodations, his wishes, interests, or preferences regarding the appointment of a guardian, then the court may relieve the attorney from his duties as attorney for the alleged incapacitated individual. If the former attorney requests to be appointed as the guardian ad litem, the court may appoint him to serve as the guardian ad litem. An attorney cannot serve as both an attorney and as a guardian ad litem in a guardianship action.  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.