South Carolina Code 62-5-403A. Service of summons and petition
(1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual;
Terms Used In South Carolina Code 62-5-403A
- Summons: Another word for subpoena used by the criminal justice system.
(2) a copy of the summons and petition upon all corespondents and the petitioner in any pending conservatorship or protective proceeding; and
(3) any affidavits or physicians’ reports filed with the petition.
(B) If service is not accomplished within one hundred twenty days after the filing of the action, the court may dismiss the action without prejudice.
(C) The notice of right to counsel shall advise the alleged incapacitated individual of the right to counsel of his choice and shall state that if the court has not received a notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of the proof of service, the court will appoint counsel. In appointing counsel, the court may consider the expressed preferences of the alleged incapacitated individual.
(D) The date for the alleged incapacitated individual to file a responsive pleading shall run from the later of the date the court appoints counsel for the alleged incapacitated individual or from the date the court receives notice of appearance by counsel selected by the alleged incapacitated individual.