(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as:

(1) the proceeding is terminated following the death of the ward;

Terms Used In South Carolina Code 62-5-310

  • 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.
  • Venue: The geographical location in which a case is tried.

(2) the proceeding is terminated pursuant to a readjudication of incapacity;

(3) the court transfers the proceeding to another county’s jurisdiction;

(4) the court transfers the proceedings to another state.

(B) If the court with competent jurisdiction determines that venue would be more appropriate:

(1) in another county of this State, the court shall notify the court in the other county and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of an order accepting a resignation or removing a guardian must be sent to the court in which acceptance of appointment is filed; or

(2) in another state, the first court shall follow the procedures set forth in § 62-5-714.

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