South Carolina House Bill 4234
Session 2023-2024
Probate
Became Law
Signed by Governor on May 21, 2024
Sponsors
3 Sponsors
Wm. Weston J. Newton
Beth E. Bernstein
Cody T. Mitchell
First Action
Mar 30, 2023
Latest Action
May 29, 2024
Origin Chamber
House
Type
Bill
Bill Number
4234
State
South Carolina
Session
2023-2024
Motion Text
Concur in Senate Amendments
House Roll Call Votes
Excused
Yes
Excused
Excused
Yes
Excused
Yes
Yes
Excused
Excused
Excused
Yes
Excused
Excused
Yes
Excused
Excused
Excused
Excused
Excused
Excused
Yes
Spann-Wilder, Tiffany
Excused
Yes
Excused
Excused
Summary
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-5-101, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "SUPPORTS AND ASSISTANCE"; BY AMENDING SECTION 62-5-103, RELATING TO FACILITY OF PAYMENT OR DELIVERY, SO AS TO CLARIFY THE NATURE OF THE FIFTEEN-THOUSAND-DOLLAR THRESHOLD; BY AMENDING SECTION 62-5-106, RELATING TO DUTIES OF GUARDIANS AD LITEM, SO AS TO INCREASE THE LENGTH OF TIME THE GUARDIAN AD LITEM HAS TO SUBMIT HIS REPORT PRIOR TO THE HEARING; BY AMENDING SECTION 62-5-108, RELATING TO EMERGENCY AND TEMPORARY ORDERS AND HEARINGS, SO AS TO CLARIFY CERTAIN ASPECTS OF THE PROCESS; BY AMENDING SECTIONS 62-5-303, 62-5-303A, 62-5-303B, 62-5-303C, AND 62-5-303D, ALL RELATING TO THE PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN, SO AS TO CLARIFY CERTAIN ASPECTS OF THE PROCESS; BY AMENDING SECTION 62-5-307, RELATING TO INFORMAL REQUESTS FOR RELIEF, SO AS TO CLARIFY THE WARD'S ABILITY TO SUBMIT CERTAIN REQUESTS TO THE COURT; BY AMENDING SECTION 62-5-401, RELATING TO VENUES, SO AS TO CLARIFY, AMONG OTHER THINGS, THAT, IN THE CASE OF MINOR CONSERVATORSHIPS, PROPER VENUE IS THE COUNTY IN WHICH THE MINOR RESIDES OR OWNS PROPERTY; BY AMENDING SECTION 62-5-403A, RELATING TO SERVICE OF SUMMONS AND PETITIONS, SO AS TO INCLUDE CERTAIN OTHER AFFIDAVITS AND REPORTS AMONG THOSE THAT MUST BE FILED WITH THE PETITION; BY AMENDING SECTION 62-5-403B, RELATING TO THE APPOINTMENT OF COUNSEL AND GUARDIANS, SO AS TO APPOINT NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, NURSES, AND PSYCHOLOGISTS TO SERVE AS EXAMINERS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 62-5-403C, RELATING TO HEARINGS AND WAIVERS, SO AS TO REVISE, AMONG OTHER THINGS, CERTAIN PROCEDURES IF NO PARTY REQUESTS A HEARING OR IF THE ALLEGED INCAPACITATED INDIVIDUAL WAIVES HIS RIGHT TO A HEARING; BY AMENDING SECTION 62-5-405, RELATING TO PROTECTIVE ARRANGEMENTS, SO AS TO REVISE CERTAIN ACTS THAT MAY BE PERFORMED BY CONSERVATORS AND SPECIAL CONSERVATORS; BY AMENDING SECTION 62-5-422, RELATING TO POWERS OF CONSERVATORS IN ADMINISTRATION, SO AS TO MAKE CONFORMING CHANGES REGARDING THE PAYMENT OF CERTAIN FEES; BY AMENDING SECTION 62-5-426, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO REQUIRE, AMONG OTHER THINGS, THAT THE CLAIMANT ALSO MUST FILE A WRITTEN STATEMENT OF THE CLAIM WITH THE PROBATE COURT IN WHICH THE CONSERVATORSHIP IS UNDER ADMINISTRATION; BY AMENDING SECTION 62-5-428, RELATING TO ACTIONS FOR REQUESTS SUBSEQUENT TO THE APPOINTMENT, SO AS TO, AMONG OTHER THINGS, REVISE CERTAIN ACTIONS THAT THE COURT MAY TAKE AFTER THE TIME FOR RESPONSE TO THE PETITION HAS ELAPSED TO ALL PARTIES SERVED; BY AMENDING SECTION 62-5-433, RELATING TO DEFINITIONS AND PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO, AMONG OTHER THINGS, DEFINE "GUARDIAN AD LITEM"; BY AMENDING SECTION 62-5-715, RELATING TO CONFIRMATIONS OF GUARDIANSHIPS OR CONSERVATORSHIPS TRANSFERRED FROM OTHER STATES, SO AS TO ALLOW THE COURT MORE DISCRETION AS TO THE TYPE OF DOCUMENTS IT MAY REQUIRE IN THE TRANSFER OF A GUARDIANSHIP OR CONSERVATORSHIP FROM ANOTHER JURISDICTION; BY AMENDING SECTION 62-5-716, RELATING TO THE REGISTRATION OF ORDERS FROM ANOTHER STATE, SO AS TO, AMONG OTHER THINGS, ACKNOWLEDGE THAT IN CERTAIN OTHER JURISDICTIONS, A GUARDIAN MAY ALSO HOLD THE SAME POWERS AS A CONSERVATOR; BY ADDING SECTION 62-6-401 SO AS TO ESTABLISH A TRANSFER ON DEATH; BY AMENDING SECTIONS 50-23-60, 50-23-70, 50-23-90, 50-23-130, 56-19-290, AND 56-19-420, ALL RELATING TO THE TRANSFER OF PROPERTY, SO AS TO INCLUDE REFERENCE TO TRANSFER ON DEATH; AND BY AMENDING SECTION 62-6-101, RELATING TO DEFINITIONS, SO AS TO DEFINE "OWNER", "TRANSFER ON DEATH", AND "TITLED PERSONAL PROPERTY". - RATIFIED TITLE
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05/29/2024
South Carolina Legislature
Act No. 200
05/29/2024
South Carolina Legislature
Effective date See Act for Effective Date
05/21/2024
South Carolina Legislature
Signed By Governor
05/15/2024
South Carolina Legislature
Ratified R 211
05/09/2024
House
Roll call Yeas-106 Nays-0
05/09/2024
House
Concurred in Senate amendment and enrolled
05/09/2024
Senate
Roll call Ayes-43 Nays-0
05/09/2024
Senate
Read third time and returned to House with amendments
05/09/2024
Senate
Amended
05/08/2024
Senate
Read second time
05/08/2024
Senate
Roll call Ayes-44 Nays-0
05/08/2024
Senate
Amended
05/08/2024
South Carolina Legislature
Scrivener's error corrected
05/07/2024
Senate
Committee Amendment Adopted
05/01/2024
Senate
Committee report: Favorable with amendment Judiciary
04/05/2024
Senate
Referred to Subcommittee: M.Johnson (ch), Sabb, Talley, Adams, Devine
03/26/2024
Senate
Referred to Committee on Judiciary
03/26/2024
Senate
Introduced and read first time
03/21/2024
House
Read third time and sent to Senate
03/20/2024
House
Roll call Yeas-109 Nays-0
03/20/2024
House
Read second time
03/20/2024
House
Amended
03/13/2024
South Carolina Legislature
Scrivener's error corrected
03/06/2024
House
Member(s) request name added as sponsor: Mitchell
03/06/2024
House
Committee report: Favorable with amendment Judiciary
03/30/2023
House
Referred to Committee on Judiciary
03/30/2023
House
Introduced and read first time
Sources
Record Created
Mar 30, 2023 5:38:53 PM
Record Updated
May 30, 2024 12:39:15 AM