South Carolina Code 62-5-707. Jurisdiction of court
(A) this State is the alleged incapacitated individual’s home state;
Terms Used In South Carolina Code 62-5-707
- 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.
(B) on the date the petition is filed, this State is a significant-connection state; and
(1) the alleged incapacitated individual does not have a home state or a court of the alleged incapacitated individual’s home state has declined to exercise jurisdiction because this State is a more appropriate forum; or
(2) the alleged incapacitated individual has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
(a) a petition for an appointment or order is not filed in the alleged incapacitated individual’s home state;
(b) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(c) the court concludes that it is an appropriate forum pursuant to the factors provided in § 62-5-710(C);
(C) this State does not have jurisdiction pursuant to either subsections (A) or (B), the alleged incapacitated individual’s home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(D) the requirements for special jurisdiction pursuant to § 62-5-708 are met.