Section 62-5-403C - Hearing; waiver(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition, unless the provisions in subsection (C) apply. The alleged incapacitated individual, all parties, and any person who has filed a demand for notice shall be given notice of the hearing. The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem.(B) The alleged incapacitated individual may waive notice of a hearing and his presence at the hearing.(C) If no party has requested a hearing, there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual is unable to communicate to his guardian ad litem his wishes, interest, or preferences regarding the appointment of a guardian or the petition for appointment is not contested, either the attorney of the alleged incapacitated individual or the guardian ad litem, if the attorney has been relieved, shall be allowed to waive the alleged incapacitated individual's right to a hearing. If the alleged incapacitated individual waives his right to a hearing, the court may: (1) require a formal hearing;(2) require an informal proceeding as the court shall direct; or(3) proceed without a hearing.(D) If no formal hearing is held, the court shall issue a temporary consent order, based upon such terms agreed to by the parties and the guardian ad litem. The order shall be considered to be a temporary order which shall expire in thirty days. A protected person under a temporary consent order may request a formal hearing at any time during the thirty-day period after the order is filed. At the end of the thirty-day period, if the protected person, his conservator, his attorney, his guardian ad litem, or any other fiduciary empowered to act on the protected person's behalf by law or contract has not requested a formal hearing, the court shall issue an order upon such terms agreed to by the parties and the guardian ad litem. The consent order shall become the final order of the court. The protected person, his conservator, his attorney, his guardian ad litem, or any other fiduciary empowered to act on the protected person's behalf by law or contract also may request any desired corrections or amendments to the order during the thirty-day period.Amended by 2024 S.C. Acts, Act No. 200 (HB 4234),s 14, eff. 5/21/2024, app. to all applicable actions, proceedings, and matters filed on and after the effective date.Added by 2017 S.C. Acts, Act No. 87 (SB 415), s 5, eff. 1/1/2019.2016 Act No. 278 (S.777), Sections 4, 5, eff 6/9/2016. Formerly Code 1976 Sections 62-5-405, 62-5-406, and 62-5-407, renumbered and amended by 2017 Act No. 87, Section 5.A, eff 1/1/2019; 2010 Act No. 244, Sections 32, 33, eff 6/7/2010; 1997 Act No. 152, Section 23; 1987 Act No. 171, Section 67; 1986 Act No. 539, Section 1.