Title 62, South Carolina Probate Code

(A) In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the assets of a ward or protected person who is the subject of a formal proceeding. (B) …

(A) Once a guardian ad litem is appointed by the court, pursuant to Section 62-5-303B or Section 62-5-403B, the responsibilities and duties of the guardian ad litem include, but are not limited to: (1) acting in the best interest of the alleged incapacitated individual; (2) condu…

Unless an order of the court specifies otherwise, a finding of incapacity is not a determination that the protected person or ward lacks testamentary capacity or the capacity to create, amend, or revoke a revocable trust.

(A) The process for emergency orders without notice is as follows: (1) Emergency orders without notice must not be issued unless the moving party files a summons, verified petition, notice of and motion for emergency relief and hearing with any available supporting affidavit(s), …

Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody …

(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 gua…

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 …

(A) A person seeking a finding of incapacity, appointment of a guardian, or both, shall file a summons and petition. When more than one petition is pending in the same court, the proceedings may be consolidated. (B) The petition shall set forth, to the extent known or reasonably …

(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 and any other documents required if filing an emergency or …

(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,…

(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, unless the provisions in subsection (C) apply. The alleged incapacitated indivi…

(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 th…

(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 eviden…

(A) The court shall set forth the rights and powers removed from the ward. To the extent rights are not removed, they are retained by the ward. Such rights and powers include the rights and powers to: (1) marry or divorce; (2) reside in a place of the ward's choosing, and consent…

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.

(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 g…

(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 it considers in its sole discretion to be reasonable and appropriate including, but not limited to, li…

(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 …

(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…

(A) Subject to the rights and powers retained by the ward and except as modified by order of the court, the guardian has the following duties, rights, and powers: (1) to the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to …

(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 t…

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 or minor child resides; or (2) if the alleged incapacitated individual or minor child does not reside in this State, in a…

(A) The appointment of a conservator or issuance of a protective order may be made in relation to the estate and affairs of a minor if: (1) a minor owns real or personal property that requires management or protection; (2) a minor has or may have business affairs that may be adve…

(A) A person seeking a finding of incapacity, appointment of a conservator, or issuance of a protective order must file a summons and petition if: (1) the individual is unable to manage his property or affairs effectively for reasons of incapacity, confinement, detention by a for…

(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 coresponde…

(A) Except in cases governed by Section 62-5-431 relating to veterans benefits, 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 da…

(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, unless the provisions in subsection (C) apply. The alleged incapacitated indivi…

(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 th…

(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 hi…

(A) When it is established in a formal proceeding that a basis exists for affecting a protective arrangement that concerns the property and affairs of a minor or an incapacitated individual, the court may: (1) without appointing a conservator, authorize, direct, or ratify any pro…

(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 r…

(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 th…

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 statemen…

(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…

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.

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.

(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…

(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'…

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, in…

(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 …

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 appo…

(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 …

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 favo…

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) 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 …

(A) Except as otherwise qualified or limited by court order, a conservator, acting reasonably in the best interest of the protected person and in efforts to accomplish the purpose for which he was appointed, may act without court approval to: (1) invest and reinvest funds of the …