South Carolina § 62-5-715 - Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification.

§ 62-5-715. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification.

(A) To confirm transfer of a guardianship or conservatorship to this State under provisions similar to Section 62-5-714, the guardian or conservator must petition the court in this State to accept the guardianship or conservatorship. The petition must include a copy of the other state's provisional order of transfer and copies of the other documents from the other state's file, as the court in this State shall require, said copies being either certified or exemplified, in the discretion of the court.

(B) Notice of a petition pursuant to subsection (A) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this State. The notice must be given in the same manner as notice is required to be given in this State.

(C) On the court's own motion or on request of the guardian or conservator, the ward or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (A), except that a hearing must not be required if a consent order is signed by all parties who have pled, defended, or otherwise participated in the proceeding, as provided by the South Carolina Rules of Civil Procedure.

(D) The court shall issue an order provisionally granting a petition filed pursuant to subsection (A) unless:

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward or protected person; or

(2) the guardian or conservator is ineligible for appointment in this State.

(E) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this State upon its receipt of a final order from the court from which the proceeding is being transferred, when that final order is issued pursuant to provisions similar to Section 62-5-714 transferring the proceeding to this State.

(F) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.

(G) In granting a petition pursuant to this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the ward or protected person's incapacity and the appointment of the guardian or conservator.

(H) The denial by the court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this State pursuant to another provision of this article if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

HISTORY: 2010 Act No. 213, SECTION 1, eff January 1, 2011; 2017 Act No. 87 (S.415), SECTION 5.B, eff January 1, 2019; 2024 Act No. 200 (H.4234), SECTION 20, eff May 21, 2024.

Editor's Note

2024 Act No. 200, SECTION 30, provides as follows:

"SECTION 30. SECTIONS 1-21 of this act take effect upon approval by the Governor and their provisions shall apply to all applicable actions, proceedings, and matters filed on and after the effective date; SECTIONS 22-29 of this act take effect on July 1, 2025."

Effect of Amendment

2024 Act No. 200, SECTION 20, in (A), in the second sentence, substituted "copy" for "certified copy" and inserted "and copies of the other documents from the other state's file, as the court in this State shall require, said copies being either certified or exemplified, in the discretion of the court".