reglab/housing_qa huggingface dataset:
SC Code § 62-5-404 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-404. Protective proceedings; limited conservatorship.

 (A) Upon a finding by clear and convincing evidence that a basis for an appointment or protective order exists with respect to a minor, the court has all those powers over the estate and affairs of the minor that are necessary for the best interests of the minor and members of his household.  (B) Upon finding by clear and convincing evidence that a basis for an appointment or protective order exists for reasons other than minority, the court has the powers over the incapacitated individual's real and personal property and financial affairs which the incapacitated individual could exercise if not under disability, except the power to make a will or amend a revocable trust.  (C) The court, on its own motion or on the petition or motion of the incapacitated individual or any other person, may limit the powers of a conservator. A limitation on the statutory power of a conservator must be endorsed upon the conservator's letters. A limitation may be removed, modified, or restored pursuant to Section 62-5-428. Notwithstanding the foregoing, the failure to endorse any limitation upon the conservator's letters shall not relieve the conservator of the limitation imposed by order of the court.  HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 10. Formerly Code 1976 Sections 62-5-408 and 62-5-426, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-406 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-406. Reserved.

 HISTORY: Former Section, titled Protective proceedings; request for notice; interested person, had the following history: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 67. Reserved by 2017 Act No. 87, Section 5.A, eff January 1, 2019. See now, Code 1976 Section 62-5-403C.
SC Code § 62-5-407 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-407. Order of appointment; rights and powers of protected person.

 (A) The court shall exercise its authority to encourage maximum self-reliance and independence of the protected person and issue orders only to the extent necessitated by the protected person's mental and adaptive limitations.  (B) The court shall set forth the rights and powers removed from the protected person. To the extent rights are not removed, they are retained by the protected person. Such rights and powers include the rights and powers to:  (1) buy, sell, or transfer real or personal property or transact business of any type including, but not limited to, those powers conferred upon the conservator under Section 62-5-422;  (2) make, modify, or terminate contracts; or  (3) bring or defend any action at law or equity.  (C) Nothing in this section shall prevent the protected person from notifying the court that he is being unjustly denied a right or privilege or requesting removal of the conservator or termination of the conservatorship pursuant to Section 62-5-428.  (D) Unless a court order specifies otherwise, the appointment of a conservator terminates the parts of the power of attorney that relate to matters within the scope of the conservatorship. The authority of an agent to make health care decisions or authority granted by advance directives regarding health care is not altered or changed by the appointment of a conservator.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-408 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-408. Conservator; qualifications; priorities.

 (A) In appointing a conservator, the court shall consider persons who are otherwise qualified in the following order of priority:  (1) a person previously appointed conservator, other than a temporary or emergency conservator, a guardian of property, or other like fiduciary for the protected person by another court of competent jurisdiction;  (2) a person nominated to serve as conservator by the alleged incapacitated individual if made prior to his incapacity, or if he is fourteen or more years of age and has sufficient mental capacity to make a reasoned choice;  (3) an agent designated in a power of attorney relating to the management of the alleged incapacitated individual's real or personal property, financial affairs, or assets;  (4) the spouse of the alleged incapacitated individual;  (5) an adult child of the alleged incapacitated individual;  (6) a parent of the alleged incapacitated individual;  (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 deemed 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 conservator. 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) Except when authorizing, directing, or ratifying the implementations of provisions of protective arrangements, pursuant to Section 62-5-405, a probate judge or an employee of the court shall not serve as a conservator of an estate of a protected person; except, a probate judge or an employee of the court may serve as a conservator of the estate 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; 1995 Act No. 15, Section 4. Formerly Code 1976 Section 62-5-410, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-409 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-409. Bond.

 Except upon a finding of good cause, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law and the court must approve all sureties. When bond is required, the conservator shall file a statement under oath with the court indicating his best estimate of the value of the personal estate of the protected person and of the income expected from the personal estate during the next calendar year, and he shall execute and file a bond with the court, or give other suitable security, in an amount not less than the estimate. The court shall determine that the bond is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. The court may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution, as defined in Section 62-6-101, in a manner that prevents their unauthorized disposition. The court may authorize an unrestricted account to be used by the conservator for expenses on behalf of the protected person, and all activity in such an account must be reported by the conservator as required by the court. Upon application of the conservator or another interested person, or upon the court's own motion, the court may:  (1) order the creation, modification, or termination of an account;  (2) increase or reduce the amount of the bond;  (3) release sureties;  (4) dispense with security or securities; or  (5) permit the substitution of another bond with the same or different sureties.  HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 7; 2010 Act No. 244, Section 34, eff June 7, 2010. Formerly Code 1976 Section 62-5-411, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-410 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-410. Terms and requirements of bonds.

 (A) The following requirements and provisions apply to any bond required under Section 62-5-409:  (1) Sureties must be jointly and severally liable with the conservator and with each other.  (2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding must be delivered to the surety or mailed to him by registered or certified mail at his address that is listed with the court where the bond is filed or to his address as then known to the petitioner.  (3) After service of a summons and petition by a successor conservator, or upon the court's own motion, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.  (4) Subject to applicable statutes of limitation, the bond of the conservator is not void after the first recovery, but may be proceeded against from time to time until the whole penalty is exhausted.  (B) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 35, eff June 7, 2010. Formerly Code 1976 Section 62-5-412, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-411 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-411. Acceptance of appointment; consent to jurisdiction.

 By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the conservatorship estate. 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. Formerly Code 1976 Section 62-5-413, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-412 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-412. Compensation and expenses.

 Any conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the protected person's estate, as determined by the court.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-414, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-413 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-413. Informal request for relief.

 (A) The protected person 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 protected person.  (B) A person making an informal request submits personally to the jurisdiction of the court.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-414 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-414. General duty of conservator; financial plan.

 (A) In the exercise of his powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.  (B) The court may require a conservator to file a financial plan for managing, expending, and distributing the assets of the protected person's estate. The plan must be tailored for the protected person and the conservator shall revise the plan as the needs and circumstances of the protected person require. The court shall approve, disapprove, or modify the plan in any proceeding as the court determines is necessary based upon the qualifications of the fiduciary. Nothing herein shall require the court to oversee or approve the conservator's investment choices. The conservator shall provide a copy of the plan to the protected person's guardian, if any, or the protected person.  (C) The conservator shall include in the financial plan:  (1) a statement of the extent to which the protected person may be able to develop or restore his ability to manage his property;  (2) an estimate of whether the assets are sufficient to meet the current and future needs of the protected person;  (3) projections of expenses and resources; and  (4) an estimate of how the financial plan may alter the overall estate plan of the protected person, including assets titled with rights of survivorship.  (D) In investing an estate, selecting assets of the estate for distribution, and using powers of revocation or withdrawal available for the use and benefit of the protected person or his dependents and exercisable by the conservator, a conservator shall take into account any estate plan of the protected person known to the conservator and is entitled to examine the protected person's will or revocable trust and any contract, transfer or joint ownership arrangement with the provisions for payment or transfer of benefits at his death to others which the protected person may have originated.  HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398 Section 10; 2005 Act No. 66, Section 7. Formerly Code 1976 Sections 62-5-408 and 62-5-417, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-415 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-415. Inventory and records.

 Within thirty days of appointment, the conservator shall prepare and file with the court a complete inventory of the estate of the protected person, together with the conservator's oath or affirmation that it is complete and accurate to the best of the conservator's knowledge, information, and belief. The court may grant an extension to file the inventory. The conservator shall provide a copy of the inventory to the protected person's guardian, if any, and any other persons the court may direct.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-418, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-416 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-416. Reporting requirements.

 (A) A conservator shall report to the court regarding his administration of the estate annually and upon the conservator's resignation or removal, the termination of the protected person's minority or disability, the death of the protected person, and at other times as the court directs.  (B) The report must include:  (1) an accounting of receipts and disbursements for the accounting period;  (2) a list of the assets of the estate under the conservator's control and the location of the assets;  (3) any recommendations for changes in the financial plan; and  (4) the conservator's opinion regarding the continued need for the conservatorship and the scope of the conservatorship.  (C) The conservator shall provide a copy of the report to the protected person if he has attained the age of fourteen years and has sufficient mental capacity to understand the report, and to any parent with whom the protected person resides or guardian of the protected person.  (D) The court may appoint a guardian ad litem to review a report or plan, interview the protected person or conservator, and make any other investigation the court directs.  (E) The court may order a conservator to submit the assets of the estate to an appropriate examination in any manner directed by the court.  (F) The conservator or the protected person may petition in formal proceedings pursuant to Section 62-5-428 for an order:  (1) allowing or requiring an intermediate or final report of a conservator and adjudicating liabilities disclosed in the accountings; or  (2) allowing or requiring a final report and adjudicating unsettled liabilities relating to the conservatorship.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 37, eff June 7, 2010. Formerly Code 1976 Section 62-5-419, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-417 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-417. Conservators; title by appointment.

 The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property previously held by custodians or agents, unless otherwise provided in the court's order. Neither the appointment of a conservator nor the establishment of a trust in accordance with Article 6, Chapter 6, Title 44 is a transfer or alienation by the protected person of his rights or interest, within the meaning of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest.  HISTORY: 1986 Act No. 539, Section 1; 1993 Act No. 164, Part II, Section 74B. Formerly Code 1976 Section 62-5-420, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-418 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-418. Fiduciary letters of conservatorship.

 (A) Fiduciary letters of conservatorship are evidence of transfer of all title of the assets of a protected person to the conservator unless otherwise provided in the court's order. An order terminating a conservatorship transfers all assets of the estate from the conservator to the protected person or his successors. Fiduciary letters and terminations of appointment must be filed and recorded in the office where conveyances of real estate are recorded for the county in which the protected person resides and in the counties of this State or other jurisdictions where the protected person owns real estate.  (B) Conservators may file fiduciary letters of conservatorship with credit reporting agencies or other entities or persons, as appropriate.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-421, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-419 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-419. Sale or encumbrance involving conflict of interest.

 Pursuant to the procedures set forth in Section 62-5-428(B), the conservator shall obtain the court's prior approval of any transaction that is affected by a conflict of interest, including, but not limited to, a sale or encumbrance of assets of the protected person to or in favor of a conservator; an immediate family member of a conservator; an agent or attorney of conservator; or any corporation, trust, or other entity in which the conservator has a substantial beneficial interest.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-422, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-420 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-420. Persons dealing with conservators; protection.

 A person, who in good faith either assists a conservator or deals with him for value in any transaction, other than those requiring a court order as required in this part is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 62-5-404 or Section 62-5-428 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. This protection extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. This protection is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.  HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-423, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-421 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-421. Interest of protected person not transferable or assignable.

 (A) Except as otherwise provided in subsections (B) and (C), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person.  (B) A person without knowledge of the conservatorship who in good faith and for security or substantially equivalent value receives delivery from a protected person of tangible personal property of a type normally transferred by delivery of possession is protected.  (C) A third party who deals with the protected person in good faith with respect to property vested in a conservator is entitled to any protection provided by law.  HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
SC Code § 62-5-424 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 5 - Protection Of Persons Under Disability And Their Property|Section 62-5-424. Reserved.

 HISTORY: Former Section, titled Powers of conservator in administration, had the following history: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 8; 1997 Act No. 152, Section 24. Reserved by 2017 Act No. 87, Section 5.A, eff January 1, 2019. See now, Code 1976 Section 62-5-422.