Protection Of Persons Under Disability And Their Property

  1. Law
  2. South Carolina Code of Laws
  3. South Carolina Probate Code
  4. Protection Of Persons Under Disability And Their Property

Checkout our iOS App for a better way to browser and research.

Section
62-5-101

Definitions and use of terms.

Section
62-5-102

Consolidation of proceedings.

Section
62-5-103

Facility of payment or delivery.

Section
62-5-104

Director of Department of Mental Health or his designee may act as conservator.

Section
62-5-105

Costs and expenses; attorney's fees.

Section
62-5-106

Responsibilities and duties of guardian ad litem; reports.

Section
62-5-107

Finding of incapacity.

Section
62-5-108

Temporary orders and hearings.

Section
62-5-201

Jurisdiction.

Section
62-5-301

Testamentary nomination of guardian for incapacitated individual.

Section
62-5-302

Venue.

Section
62-5-303

Procedure for court appointment of a guardian; summons and petition.

Section
62-5-303A

Procedure for court appointment of a guardian; service.

Section
62-5-303B

Procedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner.

Section
62-5-303C

Procedure for court appointment of a guardian; hearing.

Section
62-5-303D

Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual.

Section
62-5-304

Order of appointment; alternatives; limitations on guardian's powers.

Section
62-5-304A

Rights and powers of ward and guardian.

Section
62-5-305

Acceptance of appointment; consent to jurisdiction.

Section
62-5-306

Termination of guardianship for incapacitated person; accounting of funds.

Section
62-5-307

Informal request for relief.

Section
62-5-307A

Removal of guardian; termination of incapacity.

Section
62-5-308

Who may be guardian; priorities.

Section
62-5-309

Delegation of guardian's powers.

Section
62-5-310

Proceedings subsequent to appointment; venue.

Section
62-5-311

Omitted.

Section
62-5-312

Omitted.

Section
62-5-313

Omitted.

Section
62-5-401

Venue.

Section
62-5-402

Protective proceedings; minors.

Section
62-5-403

Protective proceedings; incapacitated and disabled persons.

Section
62-5-403A

Service of summons and petition.

Section
62-5-403B

Appointment of counsel and guardian ad litem.

Section
62-5-403C

Hearing; waiver.

Section
62-5-403D

Report of examiner.

Section
62-5-404

Protective proceedings; limited conservatorship.

Section
62-5-405

Protective arrangements.

Section
62-5-406

Reserved.

Section
62-5-407

Order of appointment; rights and powers of protected person.

Section
62-5-408

Who may be appointed conservator; priorities.

Section
62-5-409

Bond.

Section
62-5-410

Terms and requirements of bonds.

Section
62-5-411

Acceptance of appointment; consent to jurisdiction.

Section
62-5-412

Compensation and expenses.

Section
62-5-413

Informal request for relief.

Section
62-5-414

General duty of conservator; financial plan.

Section
62-5-415

Inventory and records.

Section
62-5-416

Reporting requirements.

Section
62-5-417

Conservators; title by appointment.

Section
62-5-418

Fiduciary letters of conservatorship.

Section
62-5-419

Sale or encumbrance involving conflict of interest.

Section
62-5-420

Persons dealing with conservators; protection.

Section
62-5-421

Interest of protected person not transferable or assignable.

Section
62-5-422

Powers of conservator in administration.

Section
62-5-423

Distributive duties and powers of conservator.

Section
62-5-424

Reserved.

Section
62-5-425

Preservation of estate plan.

Section
62-5-426

Claims against protected person.

Section
62-5-427

Individual liability of conservator.

Section
62-5-428

Actions for requests subsequent to appointment; procedures.

Section
62-5-429

Payment of debt and delivery of property to foreign conservator without local proceedings.

Section
62-5-430

Foreign conservator; proof of authority; bond; powers.

Section
62-5-431

Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions.

Section
62-5-432

Special needs trust.

Section
62-5-433

Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons.

Section
62-5-434

Omitted.

Section
62-5-435

Omitted.

Section
62-5-436

Omitted.

Section
62-5-500

Short title.

Section
62-5-501

Definitions.

Section
62-5-502

Health care power of attorney is a durable power of attorney; applicability of part.

Section
62-5-503

Requirements for health care power of attorney.

Section
62-5-504

Form of health care power of attorney.

Section
62-5-505

Health care agent powers.

Section
62-5-506

Compensation of agent; liability for costs of care or services.

Section
62-5-507

Pregnancy of principal.

Section
62-5-508

Duty of health care or nursing care provider.

Section
62-5-509

Duty of agent.

Section
62-5-510

Immunity from liability.

Section
62-5-511

Appointment of successor agents.

Section
62-5-512

Revocation of health care power of attorney.

Section
62-5-513

Execution of health care power of attorney does not constitute suicide; requirement of signing health care power of attorney prohibited as condition for insurance or receipt of health care; mercy killing not authorized or approved; absence of health care power of attorney not presumption of intent to consent to or refuse death prolonging procedures.

Section
62-5-514

Criminal liability.

Section
62-5-515

Informing another person regarding this part not prohibited.

Section
62-5-516

Civil liability.

Section
62-5-517

Document or writing deemed to comply with requirements of this part.

Section
62-5-518

Validity of a durable power of attorney.

Sections
62-5-601 to 62-5-624

Repealed.

Section
62-5-700

Short title.

Section
62-5-701

Exclusive jurisdiction.

Section
62-5-702

Definitions.

Section
62-5-703

Treatment of foreign countries.

Section
62-5-704

Court communication with court in another state; record required; exceptions; participation of parties.

Section
62-5-705

Requests to court of another state; requests from court of another state.

Section
62-5-706

Testimony of witness located in another state; permitted means of giving testimony; lack of original writing.

Section
62-5-707

Jurisdiction of court.

Section
62-5-708

Special jurisdiction.

Section
62-5-709

Exclusive and continuing jurisdiction; exception.

Section
62-5-710

Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.

Section
62-5-711

Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party.

Section
62-5-712

Notice requirements to alleged incapacitated individual's home state.

Section
62-5-713

Rules for dealing with conflicting petitions in this and another state.

Section
62-5-714

Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders.

Section
62-5-715

Confirmation of transfer from another state; petition to accept guardianship or conservatorship; notice; hearing; provisional and final orders; determination of needed modification.

Section
62-5-716

Registration of orders from another state; powers in this state.