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A guardian may help manage the protected person's healthcare needs, medical appointments and housing. A conservator may help manage the protected person's finances, investments and properties. The exact duties of a guardian and conservator are customized to the needs of the protected person.
SECTION 62-5-101. Definitions and use of terms. Unless otherwise apparent from the context, in this article: (1) "Adult" means an individual who has attained the age of eighteen or who, if under eighteen, is married or has been emancipated by a court of competent jurisdiction.
"(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded." SECTION 62-4-101.
The Estate Settlement Timeline: While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.
The spousal elective share statute in South Carolina provides that the surviving spouse has the right to claim one-third of the estate even it they are completely disinherited in the decedent's last will and testament. Often, due to unhappy circumstances, someone will want to completely disinherit their spouse.
Since Florida is a state that is not part of the UAGPPJA, the guardian will need to restart the entire guardianship process by petitioning a Florida court for a determination of incapacity and appointment of guardianship. A guardian may also need to petition the original state for permission to move the ward.
(1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.