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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-5-303A: Procedure for court appointment of a guardian; service.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 5 Protection of Persons Under Disability and Their Property
  3. Part 3 Guardians of Incapacitated Individuals

(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 temporary action;

(2) a copy of the summons and petition upon all co-respondents and the petitioner in any pending guardianship proceeding; and

(3) any affidavits or physician's or nurse practitioner's reports or, at the discretion of the court, the report of a physician assistant or psychologist filed with the petition.

(B) If service is not accomplished within one hundred twenty days after the filing of the action, the court may dismiss the action without prejudice.

(C) The notice of right to counsel shall advise the alleged incapacitated individual of the right to counsel of his choice and shall state that if the court has not received notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of proof of service, the court will appoint counsel. In appointing counsel, the court shall consider the expressed preferences of the alleged incapacitated individual.

(D) The date for the alleged incapacitated individual to file a responsive pleading shall run from the later of the date the court appoints counsel for the alleged incapacitated individual or from the date the court receives notice of appearance by counsel selected by the alleged incapacitated individual.

Collected 2026-09-02T08:08:44Z. Source file · JSON

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