South Carolina General Assembly
105th Session, 1983-1984

Bill 706

                    Current Status

Bill Number:               706
Ratification Number:       512
Act Number:                437
Introducing Body:          Senate
Subject:                   Relating to guardians ad litem and
                           actions by and against infants and
                           incompetents
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A437, R512, S706)

AN ACT TO AMEND SECTION 15-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARDIANS AD LITEM AND ACTIONS BY AND AGAINST INFANTS AND INCOMPETENTS, SO AS TO CHANGE THE TERM "INFANT" TO THE TERM "MINOR" AND TO ALLOW THE INDUSTRIAL COMMISSION TO APPOINT A GUARDIAN AD LITEM FOR A MINOR OR MENTALLY INCOMPETENT PERSON WHO IS A PARTY IN A PROCEEDING BEFORE THE INDUSTRIAL COMMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

Guardians ad litem

SECTION 1. Section 15-5-310 of the 1976 Code is amended to read:

"Section 15-5-310. When a minor is a party he must appear by guardian ad litem, who may be appointed by the court in which the action is prosecuted, a judge of probate, a clerk of court, or a master in those counties where the office of master exists. A mentally incompetent person, whether hospitalized or not, must appear by guardian ad litem in an action by or against him.

When a minor or mentally incompetent person is a party in a proceeding before the Industrial Commission of this State a guardian ad litem for the minor or mentally incompetent person may be appointed by a judge of probate, clerk of court, or master, if there be a master, of the county where the minor or mentally incompetent person resides or by any circuit judge in this State or by a member of the Industrial Commission or by the Industrial Commission."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.