Disability of LLC Owner/Member

There are a number of ways an LLC Operating Agreement can be drafted to deal with the onset of LLC owner/member disability. Some operating agreements I have reviewed ignore it all together and some require the appointment of a conservator under South Carolina state law.

This is an area where an LLC Operating Agreement expanded in scope offers clients extra value and protection (see Options and Choices). I have drafted a provision for determining LLC owner/member disability that is easier to implement and less far reaching than state law conservatorship.

This operating agreement provision is different than the relataed provision I used when I arranged "Form" LLCs.

“If the defendant were at fault in leaving an uncovered hole in the sidewalk of a public street, the intoxication of the plaintiff cannot excuse such gross negligence. A drunken man is as much entitled to a safe street, as a sober man, and much more in need of it.” Judge Solaman Heydenfeldt, Robinson v. Pioche, Bayerque & Co., 5 Cal. 460, 461 (1855).