South Carolina Code 62-5-702. Definitions
(1) "Court" means a probate court in this State or a court in another state with the same jurisdiction as a probate court in this State.
Terms Used In South Carolina Code 62-5-702
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Probate: Proving a will
(2) "Guardianship order" means an order appointing a guardian.
(3) "Home state" means the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months immediately preceding the filing of a petition for the appointment of a guardian or protective order; or if none, the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months ending with the six months prior to the filing of the petition.
(4) "Significant-connection state" means a state, other than the home state, with which an alleged incapacitated individual has a significant connection other than mere physical presence and in which substantial evidence concerning the alleged incapacitated individual is available. In determining, pursuant to §§ 62-5-707 and 62-5-714, whether an alleged incapacitated individual has a significant connection with a particular state, the court shall consider the:
(a) location of the alleged incapacitated individual’s family and other persons required to be notified of the guardianship or protective proceeding;
(b) length of time the alleged incapacitated individual at any time was physically present in the state and the duration of any absence;
(c) location of the alleged incapacitated individual’s property; and
(d) extent to which the alleged incapacitated individual has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.