South Carolina Adult Guardianship and Conservatorship Petition Packet

SOUTH CAROLINA ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm Respondent is an adult (age 18+) (§ 62-5-101(1))
☐ Confirm Probate Court jurisdiction (county of Respondent's residence within last 6 months or significant connection under § 62-5-707)
☐ Identify all corespondents under § 62-5-303(B)(4): spouse, adult children, parents, agents under POA/HCPOA, equal/greater priority candidates, material caregivers
☐ Verify proposed guardian's priority under § 62-5-308
☐ Document less restrictive alternatives considered (§ 62-5-303(B)(6))
☐ Track appointment of one examiner under § 62-5-303B and obtain the examiner's report under § 62-5-303D; a second examiner is appointed only if the court orders one
☐ Prepare Summons and Petition (separate documents)
☐ Prepare Notice of Right to Counsel (§ 62-5-303A)
☐ Identify any rights petitioner seeks to remove from AIP (§ 62-5-303(B)(7))
☐ Determine bond requirement under § 62-5-410
☐ Estimate assets, value, income sources
☐ Confirm any 180-day pre-eighteenth-birthday filing only if applicable (§ 62-5-303(C))

PART 2 — SUMMONS AND VERIFIED PETITION

STATE OF SOUTH CAROLINA
COUNTY OF [____________________]
IN THE PROBATE COURT

In the Matter of: [FULL LEGAL NAME OF RESPONDENT], Alleged Incapacitated Individual.

Case Number: [____________]

SUMMONS (§ 62-5-303(A))

TO THE RESPONDENT AND COREPONDENTS NAMED ABOVE:

YOU ARE HEREBY SUMMONED and required to answer the Petition served upon you in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer on the Petitioner or Petitioner's attorney within thirty (30) days after service hereof, exclusive of the day of service. If you fail to answer within the time specified, the Court may grant the relief demanded in the Petition.

YOU ARE FURTHER NOTIFIED of your right to counsel as set forth in the attached Notice of Right to Counsel (§ 62-5-303A).

Date: [__/__/____]

[________________________________]
Petitioner / Attorney for Petitioner
[________________________________]
Address / Telephone / SC Bar No.

VERIFIED PETITION FOR FINDING OF INCAPACITY AND APPOINTMENT OF GUARDIAN AND CONSERVATOR

Petitioner respectfully petitions this Court pursuant to S.C. Code Ann. §§ 62-5-303 and 62-5-403 and states:

I. INTEREST OF PETITIONER (§ 62-5-303(B)(1))

1.1 Name: [________________________________]
1.2 Address: [________________________________]
1.3 Telephone: [____________]
1.4 Relationship to Respondent: [________________________________]
1.5 Petitioner's interest: [________________________________]

II. ALLEGED INCAPACITATED INDIVIDUAL (§ 62-5-303(B)(2))

2.1 Name: [________________________________]
2.2 Age: [____] DOB: [__/__/____]
2.3 Current address: [________________________________]
2.4 Contact information: [________________________________]

III. RESIDENCE HISTORY (§ 62-5-303(B)(3))

3.1 Physical location during the six-month period preceding filing: [________________________________]
3.2 If not in South Carolina for that period, basis for initial jurisdiction under § 62-5-707: [____________]

IV. COREPONDENTS (§ 62-5-303(B)(4))

V. PROPOSED GUARDIAN AND CONSERVATOR (§ 62-5-303(B)(5))

5.1 Proposed Guardian: [________________________________]
5.2 Proposed Conservator: [________________________________]
5.3 Address: [________________________________]
5.4 Priority basis under § 62-5-308: [________________________________]

VI. REASONS GUARDIANSHIP IS NECESSARY (§ 62-5-303(B)(6))

6.1 Nature and extent of alleged incapacity: [________________________________]
6.2 Diagnosis/condition: [________________________________]
6.3 Why less restrictive alternatives are not available or appropriate: [________________________________]

VII. RIGHTS TO BE REMOVED / RESTRICTIONS (§ 62-5-303(B)(7))

7.1 Rights Petitioner requests be removed from the AIP:
☐ Right to vote
☐ Right to drive
☐ Right to marry
☐ Right to make medical decisions
☐ Right to choose residence
☐ Right to contract
☐ Other: [____________]
7.2 Restrictions to be placed on AIP: [____________]
7.3 Restrictions sought on guardian's powers and duties: [____________]

VIII. STATEMENT OF ASSETS AND INCOME (§ 62-5-303(B)(8))

IX. PRAYER

WHEREFORE, Petitioner prays the Court:

(a) Issue the Summons and serve the Notice of Right to Counsel;
(b) Appoint counsel and a separate Guardian ad Litem under § 62-5-303B;
(c) Appoint an examiner under § 62-5-303B;
(d) Conduct any hearing under § 62-5-303C;
(e) Find Respondent to be an incapacitated individual;
(f) Appoint Petitioner (or proposed nominee) as Guardian and Conservator;
(g) Set bond as required;
(h) Issue Letters of Guardianship and Conservatorship;
(i) Grant such further relief as may be just.

VERIFICATION

I, [__________________________], being duly sworn, depose and say that I am the Petitioner herein; I have read the foregoing Petition; and the contents thereof are true to my own knowledge except as to those matters stated on information and belief, and as to those I believe them to be true.

[________________________________] Date: [__/__/____]
Petitioner

Sworn to and subscribed before me this [__] day of [__________], [____].

[________________________________]
Notary Public for South Carolina
My commission expires: [__/__/____]

PART 3 — NOTICE OF RIGHT TO COUNSEL (§ 62-5-303A)

TO: [RESPONDENT NAME], Alleged Incapacitated Individual

A Petition has been filed seeking a finding of incapacity and appointment of a guardian and/or conservator for you. You have certain important rights, including:

☐ The RIGHT TO COUNSEL of your own choice. You may hire an attorney to represent you.
☐ If you do not file a Notice of Appearance by counsel of your choice within FIFTEEN (15) DAYS from the filing of proof of service of the Summons, Petition, and this Notice, the Court WILL APPOINT counsel for you.
☐ The Court will also appoint a separate Guardian ad Litem within 30 days under § 62-5-303B.
☐ The Court may consider your expressed preferences in appointing counsel.
☐ The right to be present at the hearing, to present evidence, to call and cross-examine witnesses.
☐ The right to a jury trial (if timely demanded).
☐ The right to request a closed hearing.
☐ The right to an independent examination.
☐ The right to the least restrictive intervention necessary.

Date: [__/__/____]
[________________________________]
Petitioner / Attorney for Petitioner

PART 4 — NOTICE TO COREPONDENTS / INTERESTED PARTIES

TO: All Corespondents named in Section IV of the Petition.

NOTICE IS HEREBY GIVEN that the Petition filed in this matter requests a finding of incapacity and appointment of a guardian and conservator for [RESPONDENT NAME]. You have been designated as a corespondent under S.C. Code Ann. § 62-5-303(B)(4).

You must serve an Answer within THIRTY (30) DAYS after service of the Summons.

Hearing date (when set): [__/__/____] Time: [____] Location: [________________________________]

Date: [__/__/____]
[________________________________]
Petitioner / Attorney

PART 5 — APPOINTMENT OF COUNSEL AND GUARDIAN AD LITEM (§ 62-5-303B)

ORDER APPOINTING COUNSEL AND GUARDIAN AD LITEM

Upon receipt of proof of service of the Summons, Petition, and Notice of Right to Counsel on the Alleged Incapacitated Individual, and 15 days having expired without notice of appearance by retained counsel, IT IS ORDERED:

1. [__________________________], Esq., is appointed as counsel for the Alleged Incapacitated Individual under § 62-5-303B(A)(1).
2. [__________________________] is appointed as Guardian ad Litem for the Alleged Incapacitated Individual under § 62-5-303B(A)(2), with duties under § 62-5-106.
3. ☐ Counsel for non-attorney Guardian ad Litem is appointed: [____________]

Date: [__/__/____]
[________________________________]
Probate Court Judge

PART 6 — COURT-APPOINTED EXAMINER REPORT (§ 62-5-303D)

EXAMINER'S REPORT

Re: [RESPONDENT NAME]
Date of examination: [__/__/____]
Examiner: [________________________________]
License type / number: [________________________________]
Specialty: [________________________________]

1. Diagnosis: [________________________________]
2. Description of impairments (mental illness, developmental disability, physical illness or disability, advanced age, chronic drug/alcohol use, other): [________________________________]
3. Functional capacity assessment:

4. Prognosis / expected duration: [________________________________]
5. Recommended least restrictive alternative: [________________________________]
6. Recommendation on need for guardian/conservator: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Second examiner, only if appointed by the court: [NAME / LICENSE / APPOINTMENT ORDER / REPORT DEADLINE]

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS

Petitioner certification of insufficiency: [________________________________]
[________________________________] Date: [__/__/____]

PART 8 — BOND (S.C. Code Ann. § 62-5-410)

BOND OF CONSERVATOR

Conservator: [________________________________]
Bond amount: $[____________]
Surety: [________________________________]
Bond number: [____________]
☐ Bond required ☐ Bond waived (basis): [____________]

PART 9 — NOTICE OF HEARING (§ 62-5-303C)

NOTICE IS HEREBY GIVEN that a hearing will be held on the Petition for Finding of Incapacity and Appointment of Guardian and Conservator for [RESPONDENT NAME] as follows:

Date: [__/__/____]
Time: [____]
Place: [________________________________] Probate Court, [____________] County, SC
Judge: [________________________________]

The hearing will determine: (a) whether Respondent is an incapacitated individual, (b) whether less restrictive alternatives are available, (c) the appropriate scope of guardianship/conservatorship, (d) the qualifications of the proposed fiduciary.

Date: [__/__/____]
[________________________________]
Clerk of Probate Court

PART 10 — ORDER OF APPOINTMENT AND LETTERS (§§ 62-5-304, 62-5-401, 62-5-410)

ORDER FINDING INCAPACITY AND APPOINTING GUARDIAN AND CONSERVATOR

THIS MATTER came before the Probate Court for hearing on [__/__/____]. The Court, having considered the Petition, the reports of counsel and the Guardian ad Litem, the examiner report and any additional examiner report ordered by the court, and all evidence presented, and having found by clear and convincing evidence that Respondent is incapacitated and that less restrictive alternatives are inadequate, FINDS AND ORDERS:

1. Respondent is an incapacitated individual within the meaning of S.C. Code Ann. § 62-5-101.
2. [__________________________] is appointed ☐ Plenary ☐ Limited Guardian.
3. [__________________________] is appointed ☐ Plenary ☐ Limited Conservator.
4. Powers granted to Guardian: [________________________________]
5. Powers granted to Conservator: [________________________________]
6. Rights specifically removed from Respondent: [________________________________]
7. Rights retained by Respondent: [________________________________]
8. Bond set at: $[____________] ☐ Waived
9. Initial Inventory due within 30 days under § 62-5-415.
10. Annual Report (Guardian) due under § 62-5-309(A)(7).
11. Annual Report (Conservator) due under § 62-5-416.
12. Post-appointment review or petition deadline ordered by the court: [__/__/____]

Dated: [__/__/____]
[________________________________]
Probate Court Judge

LETTERS OF GUARDIANSHIP

These Letters certify that [__________________________] has been duly appointed Guardian of [RESPONDENT NAME] on [__/__/____].

[Probate Court Seal]
Clerk/Judge: [________________________________]

LETTERS OF CONSERVATORSHIP

These Letters certify that [__________________________] has been duly appointed Conservator of the Estate of [RESPONDENT NAME] on [__/__/____].

[Probate Court Seal]
Clerk/Judge: [________________________________]

PART 11 — INITIAL INVENTORY (§ 62-5-415) AND ANNUAL REPORT (§ 62-5-416)

INITIAL INVENTORY — Due within 30 days of Letters

Conservator certification: I certify under oath that the foregoing is true and complete.

[________________________________] Date: [__/__/____]
Sworn before notary: [____________]

ANNUAL REPORT (Guardian) — § 62-5-309(A)(7): Address the ward's condition and any estate subject to the guardian's possession or control as the court or court rule requires.

ANNUAL REPORT (Conservator) — § 62-5-416: Include the accounting, asset list and locations, recommended financial-plan changes, and opinion on the continued need and scope of the conservatorship.

Reporting period: [__/__/____] to [__/__/____]
Filing deadline: [__/__/____]

SOURCES AND REFERENCES

• S.C. Code Ann. Title 62, Article 5 (Protection of Persons Under Disability and Their Property)
• 2017 S.C. Act 87 (effective Jan. 1, 2019); 2023 S.C. Act 10; 2024 S.C. Act 200
• Obtain current filing forms and local instructions directly from the selected Probate Court.