Terms Used In South Carolina Code 62-5-201

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Exclusive jurisdiction of the court is set forth in §§ 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court’s authority to appoint a guardian, and § 62-5-309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward’s place of abode, unless otherwise specified in the court’s order. Other than the proceeding set forth in § 62-5-303(C), the court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection.