Right to attorney ad litem for certain payees

Key_development Question_mark

05/16/2023, Legislation, Other subject area

South Carolina recently enacted SB 259 to amend the Structured Settlement Protection Act by adding S.C. Code § 15-50-80, which requires the court to appoint an attorney ad litem for payees "in any case involving:"


(1) a proposed transfer of a minor's structured settlement payments rights by a conservator or by a parent or guardian if a conservator has not been appointed ... ; or

(2) a proposed transfer of structured settlement payment rights involving a payee who appears to the court to suffer from a mental or cognitive impairment." Id. at (B). 


For all other payees, appointment of an attorney ad litem is discretionary. Id. at (A).  The attorney ad litem must advise the court about whether the proposed transfer is in the best interests of the payee.

Appointment of Counsel: categorical Qualified: yes