reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-303C. Procedure for court appointment of a guardian; hearing.

(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition. The alleged incapacitated individual, all parties, and any person who has filed a demand for notice, shall be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem. The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing. If there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may:
(1) require a formal hearing;
(2) require an informal proceeding as the court shall direct; or
(3) proceed without a hearing.
(B) If no formal hearing is held, the court shall issue a temporary consent order, which shall expire in thirty days. A ward, under a temporary order, may request a formal hearing at any time during the thirty-day period. At the end of the thirty-day period, if the ward has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 2; 2010 Act No. 244, Sections 25, 28, eff June 7, 2010. Formerly Code Sections 62-5-303 and 62-5-309, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-303D. Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual.

(A) Each examiner shall complete a notarized report setting forth an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which the report is introduced as evidence. For good cause, the court may admit an examiner's report filed less than forty-eight hours prior to the hearing. All parties are entitled to review the reports after filing, which must be admissible as evidence. The evaluation shall contain, to the best of the examiner's knowledge and belief:
(1) a description of the nature and extent of the incapacity, including specific functional impairments;
(2) a diagnosis and assessment of the alleged incapacitated individual's mental and physical condition, including whether he is taking any medications that may affect his actions;
(3) an evaluation of the alleged incapacitated individual's ability to exercise the rights set forth in Section 62-5-304A;
(4) when consistent with the scope of the examiner's license, an evaluation of the alleged incapacitated individual's ability to learn self-care skills, adaptive behavior, and social skills, and a prognosis for improvement;
(5) the date of all examinations and assessments upon which the report is based;
(6) the identity of the persons with whom the examiner met or consulted regarding the alleged incapacitated individual's mental or physical condition; and
(7) the signature and designation of the professional license held by the examiner.
(B) Unless otherwise directed by the court, the examiner may rely upon an examination conducted within the ninety-day period immediately preceding the filing of the petition. In the absence of bad faith, an examiner appointed by the court pursuant to Section 62-5-303B, is immune from civil liability for breach of patient confidentiality made in furtherance of his duties.
HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 25, eff June 7, 2010. Formerly Code 1976 Section 62-5-303, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.

(A) The court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual.
(B) The court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and the appointment of a guardian is necessary to provide continuing care and supervision of the incapacitated individual. The court may:
(1) enter an appropriate order;
(2) treat the petition as one for a protective order and proceed accordingly; or
(3) dismiss the proceeding.
(C) The court may appoint co-guardians if the appointment is in the best interest of the incapacitated individual. The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to a sole guardian. Unless the order of appointment provides otherwise:
(1) each co-guardian has authority to act independently; and
(2) if a co-guardian dies, the other co-guardian has continuing authority to act alone.
(D) The court, on its own motion or on the petition or motion of the incapacitated individual or other interested person, may limit the powers of a guardian and create a limited guardianship. A limitation on the statutory power of a guardian of an incapacitated individual shall be endorsed on the guardian's letters. A limitation may be removed, modified, or restored pursuant to Sections 62-5-307 and 62-5-307A.
(E) Unless the court order specifies otherwise:
(1) appointment of a guardian terminates an agent's powers under a health care power of attorney or durable power of attorney for matters within the scope of the guardianship; and
(2) the guardian shall act consistently with the most recent advance directive executed by the ward prior to an adjudication of incapacity.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 1; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-305. Acceptance of appointment; consent to jurisdiction.

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be given or waived pursuant to Sections 62-1-401 and 62-1-402.
HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 26, eff June 7, 2010; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.

(A) Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward's death. The court may then issue an order terminating the guardianship and the appointment of the guardian.
(B) If there is no conservatorship for the ward, the guardian may file an application for specific authority to use the ward's funds for the final disposition of the ward's remains. If the application is granted by the court, the guardian shall file an accounting of those funds within ten days from the date of approval, along with a proof of delivery showing he has delivered a copy of the accounting to the last known address of the person named as Personal Representative in the ward's will. If the guardian cannot locate the will after reasonable effort, he shall send a copy of the accounting to the last known address for at least one of the ward's closest adult relatives. Upon approval of the accounting, the court will issue an order terminating the guardianship and the appointment.
(C) Termination of the appointment does not affect the guardian's liability for prior acts nor his obligation to account for any funds or assets of the ward.
HISTORY: 1986 Act No. 539, Section 1; 2008 Act No. 303, Section 1, eff June 11, 2008. Formerly Code 1976 Sections 62-5-106 and 62-5-306, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-307. Informal request for relief.

(A) The ward or another person interested in his welfare, may make an informal request for relief by submitting a written request to the court. The court may take such action as considered reasonable and appropriate to protect the ward.
(B) A person making an informal request submits personally to the jurisdiction of the court.
HISTORY: 1986 Act No. 539, Section 1; 2008 Act No. 303, Section 1, eff June 11, 2008; 2010 Act No. 244, Section 27, eff June 7, 2010. Formerly Code 1976 Sections 62-5-106 and 62-5-307, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-307A. Removal of guardian; termination of incapacity.

(A) Upon filing of a summons and petition with the appointing court, the ward or any person interested in his welfare may, for good cause, request an order to:
(1) prove by a preponderance of the evidence that the ward is no longer incapacitated. The petition may request a court order limiting the scope of the guardianship and the authority of the guardian or a termination of the guardianship and the appointment of the guardian. The court may specify a minimum period, not exceeding one year, during which no application or petition for readjudication may be filed without leave of court;
(2) appoint a successor guardian due to death, incapacity, resignation, or dereliction of duty of the guardian. The appointment of a successor guardian does not affect the guardian's liability for prior acts nor his obligation to account for any funds or assets of the ward. The petition shall name a willing and qualified person to serve as successor guardian in the petition or set forth why no such successor is available; or
(3) modify the provisions of an existing court order.
(B) After filing and service of the summons and petition, the court may appoint a guardian ad litem and may appoint counsel for the ward, unless the ward has private counsel, and such examiners as are needed to evaluate and confirm the allegations of the petition.
(C) On its own motion, the court may initiate appropriate proceedings under this section as considered necessary to promote the best interests of the ward.
(D) An attorney who has been asked by the ward to represent him in an action under this section may file a motion with the court for permission to represent the ward.
HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 27, eff June 7, 2010. Formerly Code 1976 Section 62-5-307, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-308. Guardian; qualifications; priorities.

(A) In appointing a guardian, the court shall consider persons who are otherwise qualified in the following order of priority:
(1) a person previously appointed guardian, other than a temporary or emergency guardian, currently acting for the ward in this State or elsewhere;
(2) a person nominated to serve as guardian by the alleged incapacitated individual if he has sufficient mental capacity to make a reasoned choice;
(3) an agent designated in a power of attorney by the alleged incapacitated individual, whose authority includes powers relating to the care of the alleged incapacitated individual;
(4) the spouse of the alleged incapacitated individual or a person nominated as testamentary guardian in the will of the alleged incapacitated individual's deceased spouse;
(5) an adult child of the alleged incapacitated individual;
(6) a parent of the alleged incapacitated individual or a person nominated as testamentary guardian in the will of the alleged incapacitated individual's deceased parent;
(7) the person nearest in kinship to the alleged incapacitated individual who is willing to accept the appointment;
(8) a person with whom the alleged incapacitated individual resides outside of a health care facility, group home, homeless shelter, or prison;
(9) a person nominated by a health care facility caring for the alleged incapacitated individual; and
(10) any other person considered suitable by the court.
(B) A person whose priority is based upon his status under subsections (A)(1), (3), (4), (5), (6), or (7) may nominate in writing a person to serve in his or her stead. With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the alleged incapacitated individual, may decline to appoint a person having higher priority and appoint a person having lesser priority or no priority.
(C) Other than as provided in Section 62-5-108, a probate judge or an employee of the court shall not serve as a guardian of a ward; except, a probate judge or an employee of the court may serve as a guardian of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, "family member" means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 4. Formerly Code 1976 Section 62-5-311, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-310. Proceedings subsequent to appointment; venue.

(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as:
(1) the proceeding is terminated following the death of the ward;
(2) the proceeding is terminated pursuant to a readjudication of incapacity;
(3) the court transfers the proceeding to another county's jurisdiction;
(4) the court transfers the proceedings to another state.
(B) If the court with competent jurisdiction determines that venue would be more appropriate:
(1) in another county of this State, the court shall notify the court in the other county and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of an order accepting a resignation or removing a guardian must be sent to the court in which acceptance of appointment is filed; or
(2) in another state, the first court shall follow the procedures set forth in Section 62-5-714.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-313, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-401. Venue.

Subject to the provisions of Section 62-5-701, et seq., venue for proceedings under this part is:
(1) in the county where the alleged incapacitated individual resides; or
(2) if the alleged incapacitated individual does not reside in this State, in any county in the state where the alleged incapacitated individual has property or has the right to take legal action.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-403, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-403A. Service of summons and petition.

(A) As soon as reasonably possible after the filing of the summons and petition, the petitioner shall serve:
(1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual;
(2) a copy of the summons and petition upon all corespondents and the petitioner in any pending conservatorship or protective proceeding; and
(3) any affidavits or physicians' reports filed with the petition.
(B) If service is not accomplished within one hundred twenty days after the filing of the action, the court may dismiss the action without prejudice.
(C) The notice of right to counsel shall advise the alleged incapacitated individual of the right to counsel of his choice and shall state that if the court has not received a notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of the proof of service, the court will appoint counsel. In appointing counsel, the court may consider the expressed preferences of the alleged incapacitated individual.
(D) The date for the alleged incapacitated individual to file a responsive pleading shall run from the later of the date the court appoints counsel for the alleged incapacitated individual or from the date the court receives notice of appearance by counsel selected by the alleged incapacitated individual.
HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 23; 2010 Act No. 244, Section 32, eff June 7, 2010; 2016 Act No. 278 (S.777), Section 4, eff June 9, 2016. Formerly Code 1976 Section 62-5-405, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-403C. Hearing; waiver.

(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition. The alleged incapacitated individual, all parties, and any person who has filed a request or demand for notice must be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem. The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing. If there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may:
(1) require a formal hearing;
(2) require an informal proceeding as the court shall direct; or
(3) proceed without a hearing.
(B) If no formal hearing is held, the court shall issue a temporary consent order, which shall expire in thirty days. A protected person, under a temporary order, may request a formal hearing at any time during the thirty-day period. At the end of the thirty-day period, if the protected person has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 67; 1997 Act No. 152, Section 23; 2010 Act No. 244, Sections 32, 33, eff June 7, 2010; 2016 Act No. 278 (S.777), Sections 4, 5, eff June 9, 2016. Formerly Code 1976 Sections 62-5-405, 62-5-406, and 62-5-407, renumbered and amended by 2017 Act No. 87, Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-403D. Report of examiner.

(A) Each examiner shall complete a notarized report setting forth an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which the report will be introduced as evidence. For good cause, the court may admit an examiner's report filed less than forty-eight hours prior to the hearing. All parties are entitled to review the reports, which are admissible as evidence. The evaluation shall contain, to the best of the examiner's knowledge and belief:
(1) a description of the nature and extent of the incapacity, including specific functional impairments;
(2) a diagnosis and assessment of the alleged incapacitated individual's mental and physical condition, including whether he is taking any medications that may affect his actions;
(3) an evaluation of the alleged incapacitated individual's ability to exercise the rights set forth in Section 62-5-407;
(4) when consistent with the scope of the examiner's license, an evaluation of the alleged incapacitated individual's ability to learn self-care skills, adaptive behavior, and social skills, and a prognosis for improvement;
(5) the date of all examinations and assessments upon which the report is based;
(6) the identity of the persons with whom the examiner met or consulted regarding the alleged incapacitated individual's mental or physical condition; and
(7) the signature and designation of the professional license held by the examiner.
(B) Unless otherwise directed by the court, the examiner may rely upon an examination conducted within the ninety-day period immediately preceding the filing of the petition. In the absence of bad faith, an examiner appointed by the court pursuant to Section 62-5-403B is immune from civil liability for any breach of patient confidentiality made in furtherance of his duties.
HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 33, eff June 7, 2010; 2016 Act No. 278 (S.777), Section 5, eff June 9, 2016. Formerly Code 1976 Section 62-5-407, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.