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 62-5-417. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-418. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-419. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-420. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-421. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-424. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-425. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-426. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-427. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-429. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-430. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-432. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-500. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-501. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-502. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-503. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-505. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-506. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-507. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-508. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-509. 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-510. Immunity from liability.

(a) A person who relies in good faith upon a person's representation that he is the person named as agent in a health care power of attorney is not subject to civil or criminal liability or disciplinary action for recognizing the agent's authority.
(b) A health care provider or nursing care provider who in good faith relies on a health care decision made by an agent or successor agent is not subject to civil or criminal liability or disciplinary action on account of relying on the decision.
(c) An agent who in good faith makes a health care decision pursuant to a health care power of attorney is not subject to civil or criminal liability on account of the substance of the decision.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-511. Appointment of successor agents.

(a) The principal may appoint one or more successor agents in the health care power of attorney in the event an agent dies, becomes legally disabled, resigns, refuses to act, is unavailable, or, if the agent is the spouse of the principal, becomes divorced or separated from the principal. A successor agent will succeed to all duties and powers given to the agent in the health care power of attorney.
(b) If no agent or successor agent is available, willing, and qualified to make a decision concerning the principal's health care, the decision must be made according to the provisions of and by the person authorized by the Adult Health Care Consent Act.
(c) All directives, statements of personal values, or statements of intent made by the principal in the health care power of attorney must be treated as exercises of the principal's right to direct the course of his health care. Decisions concerning the principal's health care made by a guardian, by the probate court, or by a surrogate pursuant to the Adult Health Care Consent Act, must be made in accordance with the directions stated in the health care power of attorney.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-512. Revocation of health care power of attorney.

(a) A health care power of attorney may be revoked in the following ways:
(1) by a writing, an oral statement, or any other act constituting notification by the principal to the agent or to a health care provider responsible for the principal's care of the principal's specific intent to revoke the health care power of attorney; or
(2) by the principal's execution of a subsequent health care power of attorney or the principal's execution of a subsequent durable power of attorney pursuant to Article 8, Title 62, if the durable power of attorney states an intention that the health care power of attorney be revoked or if the durable power of attorney is inconsistent with the health care power of attorney.
(b) A health care provider who is informed of or provided with a revocation of a health care power of attorney immediately must record the revocation in the principal's medical record and notify the agent, the attending physician, and all other health care providers or nursing care providers who are responsible for the principal's care.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-513. Execution of health care power of attorney; signing requirement; mercy killing not approved; absence of health care power of attorney.

(a) The execution and effectuation of a health care power of attorney does not constitute suicide for any purpose.
(b) A person may not be required to sign a health care power of attorney in accordance with this section as a condition for coverage under an insurance contract or for receiving medical treatment or as a condition of admission to a health care or nursing care facility.
(c) Nothing in this section may be construed to authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
(d) The absence of a health care power of attorney by an adult patient does not give rise to a presumption of his intent to consent to or refuse death prolonging procedures. Nothing in this section impairs other legal rights or legal responsibilities which a person may have to effect the provision or the withholding or withdrawal of life-sustaining procedures in a lawful manner.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-514. Criminal liability.

If a person coerces or fraudulently induces another person to execute a health care power of attorney, falsifies or forges a health care power of attorney, or wilfully conceals, cancels, obliterates, or destroys a revocation of a health care power of attorney, and the principal dies as a result of the withdrawal or withholding of treatment pursuant to the health care power of attorney, that person is subject to prosecution in accordance with the criminal laws of this State.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-515. Informing another person regarding this part not prohibited.

Nothing in this part prohibits a person from informing another person of the existence of this part, delivering to another person a copy of this part or a form for a health care power of attorney, or counseling another person in good faith concerning the execution of a health care power of attorney.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-516. Civil liability.

(a) If a person wilfully conceals, cancels, defaces, obliterates, or damages a health care power of attorney without the principal's consent, or falsifies or forges a revocation of a health care power of attorney, or otherwise prevents the implementation of the principal's wishes as stated in a health care power of attorney, that person breaches a duty owed to the principal and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act.
(b) A physician or health care facility electing for any reason not to follow an agent's instruction that life-sustaining procedures be withheld or withdrawn as authorized in the health care power of attorney shall make a reasonable effort to locate a physician or health care facility that will follow the instruction and has a duty to transfer the patient to that physician or facility. If a nurse or other employee of a health care provider or nursing care provider gives notice that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures as directed by an agent, a reasonable effort shall be made by the physician and the health care provider or nursing care provider to effect the withholding or withdrawal of life-sustaining procedures without the participation of the employee.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-517. Document or writing deemed to comply with requirements of this part.

(a) A document or writing containing the following provisions is deemed to comply with the requirements of this part:
(1) the name and address of the person who meets the requirements of Section 62-5-503 and is authorized to make health care related decisions if the principal becomes mentally incompetent;
(2) the types of health care related decisions that the health care agent is authorized to make;
(3) the signature of the principal;
(4) the signature of at least two persons who witnessed the principal's signature and who meet the requirements of Section 62-5-503; and
(5) the attestation of a notary public.
(b) Additionally, a document that meets the above requirements and also provides expressions of the principal's intentions or wishes with respect to the following health care issues authorizes the health care agent to act in accordance with these provisions:
(1) organ donations;
(2) life-sustaining treatment;
(3) tube feeding;
(4) other kinds of medical treatment that the principal wishes to have or not to have;
(5) comfort and treatment issues;
(6) provisions for interment or disposal of the body after death; and
(7) any written statements that the principal may wish to have communicated on his behalf.
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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-518. Validity of a durable power of attorney.

The validity of a durable power of attorney that authorizes an attorney to make health care decisions regarding the principal which is properly executed pursuant to this part before or after the effective date of this act is not affected by the amendments contained in this 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.
Part 6
Uniform Veterans' Guardianship Act [Repealed]
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-700. Short title.

This act may be cited as the "South Carolina Adult Guardianship and Protective Proceedings Jurisdiction Act".
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, reenacted this section with no apparent change.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-701. Exclusive jurisdiction.

Notwithstanding another provision of law, this part provides the exclusive jurisdictional basis for a court of this State to appoint a guardian or issue a protective order for an adult.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, reenacted this section with no apparent change.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-702. Definitions.

In addition to the terms defined in Part 1, Article 5, Title 62, the following terms, as used in the part, apply:
(1) "Court" means a probate court in this State or a court in another state with the same jurisdiction as a probate court in this State.
(2) "Guardianship order" means an order appointing a guardian.
(3) "Home state" means the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months immediately preceding the filing of a petition for the appointment of a guardian or protective order; or if none, the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months ending with the six months prior to the filing of the petition.
(4) "Significant-connection state" means a state, other than the home state, with which an alleged incapacitated individual has a significant connection other than mere physical presence and in which substantial evidence concerning the alleged incapacitated individual is available. In determining, pursuant to Sections 62-5-707 and 62-5-714, whether an alleged incapacitated individual has a significant connection with a particular state, the court shall consider the:
(a) location of the alleged incapacitated individual's family and other persons required to be notified of the guardianship or protective proceeding;
(b) length of time the alleged incapacitated individual at any time was physically present in the state and the duration of any absence;
(c) location of the alleged incapacitated individual's property; and
(d) extent to which the alleged incapacitated individual has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, 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 62-5-703. Treatment of foreign countries.

The court may treat a foreign country as if it were a state for the purpose of applying this part.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, reenacted this section with no apparent change.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-704. Court communication with court in another state; record required; exceptions; participation of parties.

(A) The court may communicate with a court in another state concerning a proceeding arising pursuant to this article. The court shall allow the parties to participate in a discussion between courts on the merits of a proceeding. Except as otherwise provided in subsection (B), the court shall make a record of the communication. When a discussion on the merits of a proceeding between courts is held, the record must show that the parties were given an opportunity to participate, must summarize the issues discussed, and must list the participants to the discussion. In all other matters except as provided in subsection (B), the record may be limited to the fact that the communication occurred.
(B) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. A court may allow the parties to a proceeding to participate in any communications held pursuant to this subsection.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, reenacted this section with no apparent change.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-705. Requests to court of another state; requests from court of another state.

(A) In a guardianship or protective proceeding in this State, the court may request the appropriate court of another state to do any of the following:
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the alleged incapacitated individual;
(4) order an appropriate investigation of a person involved in a proceeding;
(5) forward to the court a certified copy of the transcript or other record of a hearing pursuant to item (1) or another proceeding, evidence otherwise produced pursuant to item (2), and an evaluation or assessment prepared in compliance with an order pursuant to item (3) or (4);
(6) issue an order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the alleged incapacitated individual or the ward or protected person; and
(7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504.
(B) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (A), the court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, in (A)(3) and (A)(6), substituted "alleged incapacitated individual" for "respondent", and in (A)(6), substituted "or the ward" for "or the incapacitated".