S.C. Code § 62-5-420

Current through 2024 Act No. 225.
Section 62-5-420 - Persons dealing with conservators; protection

A person, who in good faith either assists a conservator or deals with him for value in any transaction, other than those requiring a court order as required in this part is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 62-5-404 or Section 62-5-428 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. This protection extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. This protection is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

S.C. Code § 62-5-420

Amended by 2017 S.C. Acts, Act No. 87 (SB 415), s 5, eff. 1/1/2019.
1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-423, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff 1/1/2019.