H*2022(Rat #0026, Act #0016 of 1985)  General Bill, By R. Schwartz
 A Bill to amend Section 15-71-10, as amended, 15-71-30, 42-9-320, as amended,
 and 44-23-770, Code of Laws of South Carolina, 1976, relating to minors and
 incompetents, so as to increase to ten thousand dollars the amount above which
 the proceeds of a settlement must be held by the court until the appointment
 of a guardian or committee for a minor or incompetent.-amended title

   12/03/84  House  Prefiled
   12/03/84  House  Referred to Committee on Judiciary
   01/08/85  House  Introduced and read first time HJ-150
   01/08/85  House  Referred to Committee on Judiciary HJ-150
   01/30/85  House  Committee report: Favorable with amendment
                     Judiciary HJ-436
   01/31/85  House  Amended HJ-511
   01/31/85  House  Read second time HJ-514
   02/05/85  House  Read third time and sent to Senate HJ-545
   02/06/85  Senate Introduced and read first time SJ-353
   02/06/85  Senate Referred to Committee on Judiciary SJ-353
   02/13/85  Senate Committee report: Favorable Judiciary SJ-414
   02/14/85  Senate Read second time SJ-523
   02/20/85  Senate Read third time and enrolled SJ-594
   03/13/85         Ratified R 26
   03/19/85         Signed By Governor
   03/19/85         Effective date 03/19/85
   03/19/85         Act No. 16
   03/26/85         Copies available

AN ACT TO AMEND SECTIONS 15-71-10, AS AMENDED, 15-71-30, 42-9-320, AS AMENDED, AND 44-23-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINORS AND INCOMPETENTS, SO AS TO INCREASE TO TEN THOUSAND DOLLARS THE AMOUNT ABOVE WHICH THE PROCEEDS OF A SETTLEMENT MUST BE HELD BY THE COURT UNTIL THE APPOINTMENT OF A GUARDIAN OR COMMITTEE FOR A MINOR OR INCOMPETENT.

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

Proceeds

SECTION 1. Section 15-71-10 of the 1976 Code, as last amended by Act 43 of 1983, is further amended to read:

"Section 15-71-10. When a minor or other incompetent is entitled to a sum of not exceeding ten thousand dollars and has no general or testamentary guardian or committee to whom the money may be paid, if, in the judgment of the court, the sum is too small to warrant the expense of the appointment of a guardian or committee, the court may order the money to be paid to the minor or other incompetent or the father or mother of the minor or other incompetent, or if the father and mother are dead, to some other person for the benefit of the minor or other incompetent as to the court may seem best. When a guardian or committee has been appointed for a minor or other incompetent and an accounting is filed with the probate court and the corpus remaining for the benefit of the minor or other incompetent is ten thousand dollars or less the court may order the corpus to be paid to the minor or other incompetent or the father or mother of the minor or other incompetent or, if the father or mother are dead, to some other person for the benefit of the minor or other incompetent as to the court may seem best, after which the guardian or committee may be discharged as provided by law."

Settlement

SECTION 2. Item (3) of Section 15-71-30 of the 1976 Code is amended to read:

"(3) If the settlement is made on the petition of the guardian ad litem of a minor or incompetent having no duly appointed guardian or committee, and the amount of money or the value of the property to which the minor or incompetent is entitled in the settlement exceeds the sum of ten thousand dollars, the order authorizing the settlement shall require that the petitioner, upon receiving the money or property, pay and deliver it to the court pending the appointment and qualification of a duly appointed guardian or committee. If the petitioner fails or refuses to pay the money or deliver the property to the court, as required by the order, he is liable and punishable as for contempt of court; but failure or refusal does not affect the validity or conclusiveness of the settlement."

Payment of compensation

SECTION 3. Section 42-9-320 of the 1976 Code, as last amended by Act 92 of 1983, is further amended to read:

"Section 42-9-320. Whenever payment of compensation is made to a surviving spouse for her or his use or, for her or his use and the use of a child or children, the written receipt of the surviving spouse shall acquit the employer.

Whenever payment is made to any person eighteen years of age or over, the written receipt of the person shall acquit the employer. When an infant or minor under the age of eighteen is entitled to receive not more than ten thousand dollars as compensation for injuries, or as a distributive share by virtue of this title, the father, mother, or natural guardian upon whom the infant or minor is dependent for support may receive and receipt for the monies to the same extent as a guardian of the person and property of the infant or minor duly appointed by the court and the release or discharge of the father, mother, or natural guardian is a full and complete discharge of all claims or demands of the infant or minor.

Whenever any payment of over ten thousand dollars is made to a minor under eighteen years of age, it must be made to some person or corporation appointed by the probate court as a guardian and the receipt of the guardian shall acquit the employer."

Act as committee for patient

SECTION 4. Section 44-23-770 of the 1976 Code is amended to read:

"Section 44-23-770. If a patient of a state mental health facility has no legally appointed committee, the State Commissioner of Mental Health or his designee may receive and accept for the use and benefit of the patient a sum of money, not in excess of the sum of ten thousand dollars in any one calendar year, which is due the patient or trainee. The Commissioner or his designee may act as committee for the patient and his endorsement or receipt shall discharge the obligor for the sum received. Upon receipt of any fund the Commissioner or his designee shall use it for the proper maintenance, use, and benefit of the patient or as much as may be necessary for the same purposes. In the event the patient dies leaving an unexpended balance of any funds in the hands of the Commissioner or his designee, he shall apply the balance first to the funeral expenses of the patient or trainee, and any balance remaining must be held by the Commissioner or his designee for a period of six months, and if he is not contacted by the personal representative of the deceased patient within the six-month period, the balance in the personal fund account must be applied to the maintenance and medical care account of the deceased patient. Any further balance must be paid to the judge of probate of the county from which the patient or trainee was admitted for distribution according to law."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.