South Carolina § 62-5-716 - Registration of orders from another state; powers in this state.

§ 62-5-716. Registration of orders from another state; powers in this state.

(A) If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in the court, in any appropriate county of this State, certified copies of the order and letters of office. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770. The court will then issue a certificate of registration. The guardian shall file the certificate, along with a copy of his fiduciary letters of office in county real estate records.

(B) If a conservator or a guardian with financial and contractual authority, guardian of the assets, has been appointed in another state and a petition for a protective order is not pending in this State, the conservator or guardian of the assets appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in the Probate Court, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770 for the filing of such documents. The court will then issue a certificate of registration. The conservator or guardian of the assets shall file the certificate, along with a copy of the fiduciary letters in the county real estate records.

(C)(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.

(2) A probate court of this State may grant any relief available pursuant to the provisions of this article and other laws of this State to enforce a registered order.

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 21, 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 21, in (B), in the first sentence, inserted "or a guardian with financial and contractual authority, guardian of the assets," and "or guardian of the assets", and in the fourth sentence, inserted "or guardian of the assets".