emergency relief, but the pleadings must be served at least ten days prior to a temporary hearing. A temporary order expires in six months. In both emergency and temporary situations, the moving party must provide evidence of the creditworthiness of a proposed fiduciary, and the court may take measures it deems appropriate to protect assets, including freezing accounts or requiring bond. Section 625108(C) clarifies that the court may exercise its authority to act as a temporary guardian pursuant to the Adult Health Care Consent Act in an emergency and with or without notice. Section 625108(D) permits certain financial actions on the part of a courtappointed fiduciary when authorized by the court. When exercising financial powers, the fiduciary should take into account (i) the size of the estate, if known; (ii) the probable duration of the temporary appointment; (iii) the likelihood that the protected person, at some future time, may be fully able to manage his affairs and the estate which has been protected for him; (iv) the income and reasonable expenses of the protected person and his dependents; and (v) other funds or sources for support of the protected person. Section 625108(E) clarifies that a hearing for a permanent guardian is de novo as to all issues before the court, requiring the same quantum of proof as if no emergency or temporary guardian had been appointed. Part 2 Jurisdiction Section 625201. Exclusive jurisdiction of the court is set forth in Sections 621302 and 625701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court’s authority to appoint a guardian, and Section 625309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward’s place of abode, unless otherwise specified in the court’s order. The court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection. REPORTER’S COMMENTS The 2017 amendments revised this section to make the reference to exclusive jurisdiction consistent with Section 621302, and as a
(2) a protective order is necessary to create a special needs trust for an individual who is disabled in accordance with Social Security Administration guidelines. (B) The petition shall set forth, to the extent known or reasonably ascertainable, the following information: (1) interest of the petitioner; (2) name, age, current address, and contact information of the alleged incapacitated individual, who must be designated as the respondent; (3) physical location of the alleged incapacitated individual during the sixmonth period immediately preceding the filing of the summons and petition; and, if the alleged incapacitated individual was not physically present in South Carolina for that period, sufficient information upon which the court may make a determination that it has initial jurisdiction pursuant to Section 625707; (4) to the extent known and reasonably ascertainable, the names and addresses of the following persons, who must be designated corespondents: (a) the alleged incapacitated individual’s spouse and any adult children; or if none, his parents; or if none, at least one of his adult relatives with the nearest degree of kinship; (b) a person known to have been appointed as agent under a general durable power of attorney or health care power of attorney; (c) a person who has equal or greater priority for appointment pursuant to Section 625408 as the person whose appointment is sought in the petition; (d) a person other than an unrelated employee or health care worker who is known or reasonably ascertainable by the petitioner to have materially participated in the caring for the alleged incapacitated individual within the sixmonth period preceding the filing of the petition; and (e) the person entitled to notice on behalf of the VA, if the alleged incapacitated individual is receiving VA benefits; (5) name and address of the proposed conservator and the basis of his priority for appointment; (6) reason why conservatorship is necessary, including why less restrictive alternatives are not available and appropriate, and a brief description of the nature and extent of the alleged incapacity; (7) a statement of any rights the petitioner is requesting be removed from the alleged incapacitated individual, any restrictions to be placed on the alleged incapacitated individual, and any
where the alleged incapacitated individual was last physically present for six months continues as the home state for six months following physical removal from the state. This modification of the UCCJEA definition eliminates the need to refer to the sixmonth tail each time home state jurisdiction is mentioned in the Act. The definition of ‘significantconnection state’ (17) is also from the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act adopted in modified form in South Carolina and included in Sections 625700 through 716 and was similar to Section 201(a)(2) of the Uniform Child Custody Jurisdiction and Enforcement Act (1997). However, this definition adds a list of factors relevant to adult guardianship and protective proceedings to aid the court in deciding whether a particular place is a significantconnection state. Under Section 301(e)(1), the significant connection factors listed in the definition are to be taken into account in determining whether a conservatorship may be transferred to another state. Section 625703. The court may treat a foreign country as if it were a state for the purpose of applying this part. Section 625704. (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. Section 625705. (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;