South Carolina § 62-5-404 Protective proceedings; limited conservatorship.

South Carolina Statutes

§ 62-5-404 — Protective proceedings; limited conservatorship.

South Carolina § 62-5-404

Title 62SOUTH CAROLINA PROBATE CODE

Ch.ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

This text of South Carolina § 62-5-404 (Protective proceedings; limited conservatorship.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 62-5-404 (2026).

Text

(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 his household.

(B)Upon finding by clear and convincing evidence that a basis for an appointment or protective order exists for reasons other than minority, the court has the powers over the incapacitated individual's real and personal property and financial affairs which the incapacitated individual could exercise if not under disability, except the power to make a will or amend a revocable trust.

(C)The court, on its own motion or on the petition or motion of the incapacitated individual or any other person, may l

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(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 his household. (B) Upon finding by clear and convincing evidence that a basis for an appointment or protective order exists for reasons other than minority, the court has the powers over the incapacitated individual's real and personal property and financial affairs which the incapacitated individual could exercise if not under disability, except the power to make a will or amend a revocable trust. (C) The court, on its own motion or on the petition or motion of the incapacitated individual or any other person, may limit the powers of a conservator. A limitation on the statutory power of a conservator must be endorsed upon the conservator's letters. A limitation may be removed, modified, or restored pursuant to Section 62-5-428. Notwithstanding the foregoing, the failure to endorse any limitation upon the conservator's letters shall not relieve the conservator of the limitation imposed by order of the court.

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 2000 Act No. 398, SECTION 10. Formerly Code 1976 SECTIONS 62-5-408 and 62-5-426, renumbered and amended by 2017 Act No. 87 (S.415), SECTION 5.A, eff January 1, 2019.