South Carolina Code 44-26-60. Health care decisions of minor clients
(1) legal guardian;
Terms Used In South Carolina Code 44-26-60
- Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
- Court: means a probate court of appropriate jurisdiction unless specified otherwise. See South Carolina Code 44-26-10
- Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-26-10
- 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.
- Major medical treatment: means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. See South Carolina Code 44-26-10
- Probate: Proving a will
(2) parent;
(3) grandparent or adult sibling;
(4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client;
(5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client;
(6) authorized designee of the department.
(B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.
(C) Priority under this section must not be given to a person if a health care provider, responsible for the care of a client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in § 44-66-20 of the Adult Health Care Consent Act.
(D) In an emergency health care may be provided without consent pursuant to § 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority.