reglab/housing_qa huggingface dataset:
SC Code § 62-5-425 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-425. Preservation of estate plan.

 In investment and distribution of estate assets or in the use or withdrawal of a power of revocation, and in titling accounts, the conservator and the court must consider any:  (A) known estate plan, including a revocable trust having the protected person as settlor; or  (B) instrument, including, but not limited to, a contract, transfer, or joint ownership arrangement originated by the protected person which provides a benefit at death to another as referenced in Section 62-5-422.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-427, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-426 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-426. Claims against protected person.

 (A) The probate court has exclusive jurisdiction over claims against the protected person arising from the internal affairs of the conservatorship which may be commenced in the following manner:  (1) A claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.  (2) A claim is considered presented on the receipt of the written statement of claim by the conservator.  (3) Every claim that is disallowed in whole or part by the conservator is barred so far as not allowed unless the claimant files and properly serves a summons and petition for allowance no later than thirty days after the mailing of the notice of disallowance or partial disallowance if the notice warns the claimant of the impending bar.  (B) Except as limited by Section 62-5-433, the probate court has jurisdiction concurrent with the circuit court in matters involving a request for a judicial determination as to the external affairs of a conservatorship, including actions by or against creditors or debtors of conservatorships and other actions or proceedings involving conservators and third parties. If a creditor has notice of the appointment of a conservator, all pleadings must be served by or on the conservator. Within thirty days after the conservator files, or becomes aware of, any court action in which the protected person is a party, the conservator must notify the court where the conservatorship is being administered if the outcome may constitute a claim against the estate. The conservator may request instructions from the court as necessary.  (C) If it appears that the conservatorship assets are likely to be exhausted before all existing claims are paid, preference must be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.  HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 6; 1997 Act No. 152, Section 26; 2010 Act No. 244, Sections 31, 38, eff June 7, 2010. Formerly Code 1976 Sections 62-5-402 and 62-5-428, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-427 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-427. Individual liability of conservator.

 (A) Unless otherwise provided in a contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity during the administration of the estate unless he fails to reveal his representative capacity and fails to identify the estate in the contract.  (B) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed during the administration of the estate only if he is personally at fault.  (C) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed during the administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable.  (D) A question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-429, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-429 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings.

 (A) A person indebted to a protected person, or having possession of property of or an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating that:  (1) no protective proceeding relating to the protected person is pending in this State; and  (2) the foreign conservator is entitled to payment or to receive delivery.  (B) If the person to whom the affidavit is presented is not aware of a protective proceeding pending in this State, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-431, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-430 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-430. Foreign conservator; proof of authority; bond; powers.

 (A) If a conservator has not been appointed in this State and a petition for a protective order is not pending in this State, a conservator appointed in another 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 court, in any appropriate county of this State certified copies of the order and letters of office, and any bond. The court shall treat this as the filing of authenticated or certified records and shall charge fees set forth in Section 8-21-770 for the filing of these documents. The court will then issue a certificate of filing as proof of the filing. The conservator shall file the certificate of filing, along with a copy of the letters of office, in the office of the register of deeds of that county.  (B) Upon registration of a protective order from another state, the 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.  (C) A court of this State may grant any relief available under this article and other laws of this State to enforce a registered order.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-432, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-432 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-432. Special needs trust.

 (A) The court has authority to create and establish a special needs trust for an incapacitated individual in compliance with 42 U.S.C. Section 1396p(d)(4)(A), as amended, and to order the placement of the incapacitated individual's funds into such a trust or into a pooled trust in compliance with 42 U.S.C. Section 1396p(d)(4)(C), as amended, for the benefit of incapacitated individuals under its authority to issue protective orders pursuant to the procedure set forth in Section 62-5-401, et seq.  (B) In the case of a disabled minor, the court has authority to create and establish a special needs trust in compliance with 42 U.S.C. Section 1396p(d)(4)(A), as amended, if the court determines it is in the disabled minor's best interest. The court also has the authority to order the placement of the minor's funds into a special needs trust or into a pooled trust in compliance with 42 U.S.C. Section 1396p(d)(4)(C), as amended, for the benefit of a minor under its authority to implement provisions of protective orders pursuant to the procedure set forth in Section 62-5-401, et seq., even though the terms of the trust extend beyond the age of majority.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-500 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-500. Short title.

 This part may be cited as the "South Carolina Statutory Health Care Power of Attorney Act".  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-501 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-501. Definitions.

 As used in this part:  (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.  (2) "Declaration of a desire for a natural death" or "declaration" means a document executed in accordance with the South Carolina Death with Dignity Act or a similar document executed in accordance with the law of another state.  (3) "Health care" means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. It also includes the provision of intermediate or skilled nursing care; services for the rehabilitation of injured, disabled, or sick persons; and placement in or removal from a facility that provides these forms of care.  (4) "Health care power of attorney" means a durable power of attorney executed in accordance with this part.  (5) "Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.  (6) "Life-sustaining procedure" means a medical procedure or intervention that serves only to prolong the dying process. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The principal shall indicate in the health care power of attorney whether the provision of nutrition and hydration through medically or surgically implanted tubes is desired.  (7) "Permanent unconsciousness" means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.  (8) "Nursing care provider" means a nursing care facility or an employee of the facility.  (9) "Principal" means an individual who executes a health care power of attorney. A principal must be eighteen years of age or older and of sound mind.  (10) "Separated" means that the principal and his or her spouse are separated pursuant to one of the following:  (a) entry of a pendente lite order in a divorce or separate maintenance action;  (b) formal signing of a written property or marital settlement agreement;  (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-502 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-502. Health care power of attorney is a durable power of attorney; applicability of part.

 (a) A health care power of attorney is a durable power of attorney. Statutory provisions that refer to a durable power of attorney or judicial interpretations of the law relating to durable powers of attorney apply to a health care power of attorney to the extent that they are not inconsistent with this part.  (b) This section does not affect the right of a person to execute a durable power of attorney relating to health care pursuant to other provisions of law but which does not conform to the requirements of this section. If a durable power of attorney for health care executed under this part or under the laws of another state does not conform to the requirements of this section, the provisions of this section do not apply to it. However, a court is not precluded from determining that the law applicable to nonconforming durable powers of attorney for health care is the same as the law set forth in this section for health care powers of attorney.  (c) To the extent not inconsistent with this part, the provisions of the Adult Health Care Consent Act apply to the making of decisions by a health care agent and the implementation of those decisions by health care providers.  (d) In determining the effectiveness of a health care power of attorney, mental incompetence is to be determined according to the standards and procedures for inability to consent pursuant to Section 44-66-20(8), except that certification of mental incompetence by the agent may be substituted for certification by a second physician. If the certifying physician states that the principal's mental incompetence precludes the principal from making all health care decisions or all decisions concerning certain categories of health care, and that the principal's mental incompetence is permanent or of extended duration, no further certification is necessary in regard to the stated categories of health care decisions during the stated duration of mental incompetence unless the agent or the attending physician believes the principal may have regained capacity.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-503 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-503. Requirements for health care power of attorney.

 (a) A health care power of attorney must:  (1) be substantially in the form set forth in Section 62-5-504;  (2) be dated and signed by the principal or in the principal's name by another person in the principal's presence and by his direction;  (3) be signed by at least two persons, each of whom witnessed either the signing of the health care power of attorney or the principal's acknowledgment of his signature on the health care power of attorney. Each witness must state in a declaration as set forth in Section 62-5-504 that, at the time of the execution of the health care power of attorney, to the extent the witness has knowledge, the witness is not related to the principal by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the principal, or spouse of any of them; not directly financially responsible for the principal's medical care; not entitled to a portion of the principal's estate upon his decease under a will of the principal then existing or as an heir by intestate succession; not a beneficiary of a life insurance policy of the principal; and not appointed as health care agent or successor health care agent in the health care power of attorney; and that no more than one witness is an employee of a health care facility in which the principal is a patient, no witness is the attending physician or an employee of the attending physician, or no witness has a claim against the principal's estate upon his decease;  (4) state the name and address of the agent. A health care agent must be an individual who is eighteen years of age or older and of sound mind. A health care agent may not be a health care provider, or an employee of a provider, with whom the principal has a provider-patient relationship at the time the health care power of attorney is executed, or an employee of a nursing care facility in which the principal resides, or a spouse of the health care provider or employee, unless the health care provider, employee, or spouse is a relative of the principal.  (b) The validity of a health care power of attorney is not affected by the principal's failure to initial any of the choices provided in Section 4, 6, or 7 of the Health Care Power of Attorney form or to name successor agents. If the principal fails to indicate either of the statements in Section 7 concerning provision of artificial nutrition and hydration, the agent does not have authority to direct that nutrition and hydration necessary for comfort care or alleviation of pain be withheld or withdrawn.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-505 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-505. Health care agent powers.

 A health care agent has, in addition to the powers set forth in the health care power of attorney, the following specific powers to:  (1) have access to the principal's medical records and information to the same extent that the principal would have access, including the right to disclose the contents to others;  (2) contract on the principal's behalf for placement in a health care or nursing care facility or for health care related services, without the agent incurring personal financial liability for the contract;  (3) hire and fire medical, social service, and other support personnel responsible for the principal's care;  (4) have the same health care facility or nursing care facility visitation rights and privileges of the principal as are permitted to immediate family members or spouses.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-506 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-506. Compensation of agent; liability for costs of care or services.

 (a) The agent is not entitled to compensation for services performed under the health care power of attorney, but the agent is entitled to reimbursement for all reasonable expenses incurred as a result of carrying out the health care power of attorney or the authority granted by this section.  (b) The agent's consent to health care or to the provision of services to the principal does not cause the agent to be liable for the costs of the care or services.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-507 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-507. Pregnancy of principal.

 If a principal has been diagnosed as pregnant, life-sustaining procedures may not be withheld or withdrawn pursuant to the health care power of attorney during the course of the principal's pregnancy. This subsection does not otherwise affect the agent's authority to make decisions concerning the principal's obstetrical and other health care during the course of the pregnancy.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-508 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-508. Duty of health care or nursing care provider.

 A health care provider or nursing care provider having knowledge of the principal's health care power of attorney has a duty to follow directives of the agent that are consistent with the health care power of attorney to the same extent as if they were given by the principal. If it is uncertain whether a directive is consistent with the health care power of attorney, the health care provider, nursing care provider, agent, or other interested person may apply to the probate court for an order determining the authority of the agent to give the directive.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
SC Code § 62-5-509 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-509. Duty of agent.

 An agent acting pursuant to a health care power of attorney shall make decisions concerning the principal's health care in accordance with the principal's directives in the health care power of attorney and with any other statements of intent by the principal that are known to the agent and are not inconsistent with the directives in the health care power of attorney. If a principal has a valid Declaration of a Desire for a Natural Death pursuant to Chapter 77, Title 44, then the declaration must be given effect in any situation to which it is applicable. The agent named in the health care power of attorney has authority to make decisions only in situations to which the declaration does not apply. However, nothing in this section prevents the principal or a person designated by the principal in the declaration from revoking the declaration pursuant to Section 44-77-80.  HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.