South Carolina § 62-5-708 Special jurisdiction.

South Carolina Statutes

§ 62-5-708 — Special jurisdiction.

South Carolina § 62-5-708

Title 62SOUTH CAROLINA PROBATE CODE

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

This text of South Carolina § 62-5-708 (Special jurisdiction.) 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. § 62-5-708 (2026).

Text

(A)The court lacking jurisdiction pursuant to Sections 62-5-707 (A) through (C) has special jurisdiction to do any of the following:

(1)appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for an alleged incapacitated individual who is physically present in this State;

(2)issue a protective order with respect to real or tangible personal property located in this State; or (3) appoint a guardian or conservator for an incapacitated individual or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714.

(B)If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to this article and this State was not the

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(A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A) through (C) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for an alleged incapacitated individual who is physically present in this State; (2) issue a protective order with respect to real or tangible personal property located in this State; or (3) appoint a guardian or conservator for an incapacitated individual or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714. (B) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to this article and this State was not the alleged incapacitated individual's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

Legislative History

HISTORY: 2010 Act No. 213, SECTION 1, eff January 1, 2011; 2017 Act No. 87 (S.415), SECTION 5.B, eff January 1, 2019. Effect of Amendment 2017 Act No. 87, SECTION 5.B, in (A), substituted "Sections 62-5-707 (A) through (C)" for "Section 62-5-707(1) through (3)"; in (A)(1), substituted "an alleged incapacitated individual" for "a respondent"; in (A)(3), inserted "individual" following "for an incapacitated"; and in (B), substituted "alleged incapacitated individual's" for "respondent's".