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South Carolina Code of Laws

Chapter 5

S.C. Code Ann. tit. 62, ch. 5

Protection of Persons Under Disability and Their Property

62-5-101Definitions and use of terms 62-5-102Consolidation of proceedings 62-5-103Facility of payment or delivery 62-5-104Director of Department of Mental Health or his designee may act as conservator 62-5-105Costs and expenses; attorney's fees 62-5-106Responsibilities and duties of guardian ad litem; reports 62-5-107Finding of incapacity 62-5-108Emergency orders, temporary orders, and hearings 62-5-201Jurisdiction 62-5-301Testamentary nomination of guardian for incapacitated individual 62-5-302Venue 62-5-303Procedure for court appointment of a guardian; summons and petition 62-5-303AProcedure for court appointment of a guardian; service 62-5-303BProcedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner 62-5-303CProcedure for court appointment of a guardian; hearing 62-5-303DProcedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual 62-5-304Order of appointment; alternatives; limitations on guardian's powers 62-5-304ARights and powers of ward and guardian 62-5-305Acceptance of appointment; consent to jurisdiction 62-5-306Termination of guardianship for incapacitated person; accounting of funds 62-5-307Informal request for relief 62-5-307ARemoval of guardian; termination of incapacity 62-5-308Guardian; qualifications; priorities 62-5-309Delegation of guardian's powers 62-5-310Proceedings subsequent to appointment; venue 62-5-311Who may be guardian; priorities 62-5-312General powers and duties of guardian 62-5-313Proceedings subsequent to appointment; venue 62-5-401Venue 62-5-402Protective proceedings; minors 62-5-403Protective proceedings; incapacitated and disabled persons 62-5-403AService of summons and petition 62-5-403BAppointment of counsel and guardian ad litem 62-5-403CHearing; waiver 62-5-403DReport of examiner 62-5-404Protective proceedings; limited conservatorship 62-5-405Protective arrangements 62-5-406ReservedRepealed 62-5-407Order of appointment; rights and powers of protected person 62-5-408Conservator; qualifications; priorities 62-5-409Bond 62-5-410Terms and requirements of bonds 62-5-411Acceptance of appointment; consent to jurisdiction 62-5-412Compensation and expenses 62-5-413Informal request for relief 62-5-414General duty of conservator; financial plan 62-5-415Inventory and records 62-5-416Reporting requirements 62-5-417Conservators; title by appointment 62-5-418Fiduciary letters of conservatorship 62-5-419Sale or encumbrance involving conflict of interest 62-5-420Persons dealing with conservators; protection 62-5-421Interest of protected person not transferable or assignable 62-5-422Powers of conservator in administration 62-5-423Distributive duties and powers of conservator 62-5-424ReservedRepealed 62-5-425Preservation of estate plan 62-5-426Claims against protected person 62-5-427Individual liability of conservator 62-5-428Actions for requests subsequent to appointment; procedures 62-5-429Payment of debt and delivery of property to foreign conservator without local proceedings 62-5-430Foreign conservator; proof of authority; bond; powers 62-5-431Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions 62-5-432Special needs trust 62-5-433Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons 62-5-434Settlement of claims involving minors completed between July 1, 1987, and September 24, 1987, presumed valid 62-5-435Liability for approving or completing settlement 62-5-500Short title 62-5-501Definitions 62-5-502Health care power of attorney is a durable power of attorney; applicability of part 62-5-503Requirements for health care power of attorney 62-5-504Form of health care power of attorney 62-5-505Health care agent powers 62-5-506Compensation of agent; liability for costs of care or services 62-5-507Pregnancy of principal 62-5-508Duty of health care or nursing care provider 62-5-509Duty of agent 62-5-510Immunity from liability 62-5-511Appointment of successor agents 62-5-512Revocation of health care power of attorney 62-5-513Execution of health care power of attorney; signing requirement; mercy killing not approved; absence of health care power of attorney 62-5-514Criminal liability 62-5-515Informing another person regarding this part not prohibited 62-5-516Civil liability 62-5-517Document or writing deemed to comply with requirements of this part 62-5-518Validity of a durable power of attorney 62-5-601Short title 62-5-602Definitions 62-5-603Appointment of guardians 62-5-604Persons who may file summons and petition for appointment 62-5-605Contents of petition for appointment of guardian 62-5-606Facts that constitute prima facie evidence of need for guardian of a minor ward 62-5-607Facts that constitute prima facie evidence of need for guardian of a mentally incompetent ward 62-5-608Notice of summons and petition 62-5-609Fitness of guardian; bond 62-5-610Limitation on number of wards of one guardian 62-5-611Annual account of guardians receiving funds from Veterans' Administration 62-5-612Exhibit of securities at time of filing account 62-5-613Effect of failure to account 62-5-614Accountability for funds not received from Administration 62-5-615Investments that guardians may make 62-5-616Use of estate for support of persons other than ward 62-5-617Copies of public records shall be furnished without charge 62-5-618Compensation of guardians 62-5-619Final discharge of guardian; paying out funds less than one thousand dollars 62-5-620Proceedings in which administrator shall be a party in interest 62-5-621Copies of accounts, certificates, or pleadings shall be sent to Veterans' Administration 62-5-622Time, place, and notice of hearing on account, petition, or other pleading 62-5-623Notice of hearings shall be given to guardian; orders 62-5-624Construction 62-5-700Short title 62-5-701Exclusive jurisdiction 62-5-702Definitions 62-5-703Treatment of foreign countries 62-5-704Court communication with court in another state; record required; exceptions; participation of parties 62-5-705Requests to court of another state; requests from court of another state 62-5-706Testimony of witness located in another state 62-5-707Jurisdiction of court 62-5-708Special jurisdiction 62-5-709Exclusive and continuing jurisdiction; exception 62-5-710Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding 62-5-711Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party 62-5-712Notice requirements to alleged incapacitated individual's home state 62-5-713Rules for dealing with conflicting petitions in this and another state 62-5-714Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders 62-5-715Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification 62-5-716Registration of orders from another state; powers in this state