STATE OF SOUTH CAROLINA
IN THE PROBATE COURT FOR [COUNTY] COUNTY
DOCKET NO.: ______
PETITION FOR APPOINTMENT OF GUARDIAN
(Adult Incapacitated Person – S.C. Code Ann. Title 62, Article 5)
[// GUIDANCE: This template is drafted for use in the Probate Courts of South Carolina for the appointment of a guardian for an adult alleged to be incapacitated. It is not a substitute for the Supreme Court–approved “Official Court Form” (PC-G-530 or successor). Attorneys should attach or adapt official forms as required by local practice, and must confirm compliance with current court rules, filing fees, and service requirements.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Claims for Relief)
IV. Representations & Warranties
V. Covenants & Restrictions (Guardian Duties)
VI. Default & Remedies
VII. Risk Allocation (Bond & Indemnification)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Verification & Notarization)
I. DOCUMENT HEADER
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Parties
1.1 Petitioner: [PETITIONER FULL LEGAL NAME], residing at [ADDRESS].
1.2 Alleged Incapacitated Person (“AIP”): [AIP FULL LEGAL NAME], DOB [DATE], SSN (last 4) [XXXX], currently residing at [RESIDENCE/FACILITY ADDRESS].
1.3 Proposed Guardian: [PROPOSED GUARDIAN NAME] (if other than Petitioner), relationship to AIP: [RELATIONSHIP]. -
Jurisdiction & Venue
2.1 This Court has subject-matter jurisdiction pursuant to S.C. Code Ann. Title 62, Article 5 (South Carolina Probate Code – Protection of Persons Under Disability and Their Property).
2.2 Venue is proper in [COUNTY] County because the AIP is domiciled or present in this county. -
Relief Requested
Petitioner seeks entry of an Order:
a. Adjudicating the AIP an incapacitated individual;
b. Appointing [PROPOSED GUARDIAN NAME] as Guardian;
c. Setting bond in the amount of $[AMOUNT] or waiving bond for good cause shown; and
d. Granting such further relief as the Court deems just and proper.
II. DEFINITIONS
For purposes of this Petition, capitalized terms have the following meanings:
“Annual Report” – The written report a guardian must file each year concerning the AIP’s condition, per Probate Court direction and S.C. Code Ann. Title 62, Article 5 requirements.
“Bond” – A fiduciary surety bond conditioned upon faithful discharge of guardian duties.
“Fiduciary Duty” – The highest duty of loyalty and care owed by the Guardian to the AIP.
“Guardian” – The individual appointed by this Court with authority over the person of the AIP.
“Incapacitated” or “Incapacity” – A condition in which the AIP is unable to manage personal needs or make responsible decisions, as defined by S.C. Code Ann. Title 62, Article 5.
“Interested Persons” – Those entitled to notice under the Probate Code, including the AIP, the AIP’s spouse, adult children, parents, adult siblings, and any governmental agency paying benefits to the AIP.
III. OPERATIVE PROVISIONS
3.1 Findings Requested
a. The AIP suffers from [MEDICAL CONDITION], rendering the AIP unable to provide for personal health, safety, or welfare.
b. Less-restrictive alternatives (e.g., powers of attorney, advanced directives) have been considered and deemed insufficient to protect the AIP.
c. Appointment of a guardian is the least restrictive means of providing necessary continuing care.
3.2 Scope of Guardianship
Petitioner requests authority for the Guardian to:
i. Decide living arrangements within or outside South Carolina (subject to subsequent Court approval for out-of-state relocations);
ii. Consent to medical, psychiatric, and surgical treatment;
iii. Apply for and receive governmental benefits on behalf of the AIP;
iv. Access and release confidential records as necessary for the AIP’s welfare; and
v. Take any other action authorized by the Probate Code or Court order.
3.3 Bond & Security
Petitioner proposes Bond in the amount of $[AMOUNT] with [SURETY COMPANY] as surety, conditioned on faithful discharge of duties. Alternatively, Petitioner requests waiver or reduction of Bond because: [EXPLAIN GOOD CAUSE].
3.4 Reporting Deadlines
a. Initial Care Plan – within 30 days of Letters of Guardianship issuance.
b. Annual Report – on or before the anniversary of appointment each year.
3.5 Notice & Service
Petitioner will serve all Interested Persons by certified mail and will arrange personal service upon the AIP at least 10 days before the hearing, unless otherwise directed by the Court.
IV. REPRESENTATIONS & WARRANTIES
4.1 Capacity to Petition
Petitioner is over 18 years of age, of sound mind, and not under any legal disability.
4.2 Accuracy of Information
All facts set forth herein are true and correct to the best of Petitioner’s knowledge, information, and belief, formed after reasonable inquiry.
4.3 Qualification of Proposed Guardian
The Proposed Guardian:
a. Has no felony convictions or findings of abuse, neglect, or exploitation;
b. Is willing and able to perform the duties required by law; and
c. Will act in the AIP’s best interests at all times.
4.4 Survival
The foregoing representations survive appointment and remain in effect for the duration of the Guardianship.
V. COVENANTS & RESTRICTIONS (GUARDIAN DUTIES)
5.1 Affirmative Covenants
a. Exercise Fiduciary Duty solely for the AIP’s benefit;
b. Maintain the AIP in the least restrictive environment available;
c. File timely Annual Reports and produce records upon Court request;
d. Maintain adequate insurance for the AIP’s residence, vehicle, and health needs;
e. Seek Court approval before consenting to any experimental or high-risk medical procedure.
5.2 Negative Covenants
The Guardian shall not:
i. Commingle the AIP’s funds with personal assets;
ii. Transfer the AIP’s residence out of South Carolina without prior Court order;
iii. Delegate guardianship powers except as expressly authorized by law.
5.3 Notice & Cure
The Guardian must cure any covenant breach within 15 days after written notice from an Interested Person or the Court, unless an emergency exists.
VI. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to file required reports;
b. Mismanagement or misappropriation of the AIP’s assets;
c. Failure to maintain required Bond;
d. Violation of any Court order.
6.2 Remedies
Upon default, the Court may:
i. Issue protective orders;
ii. Surcharge the Guardian personally;
iii. Revoke Letters of Guardianship;
iv. Appoint a Successor Guardian;
v. Award attorney’s fees and costs to prevailing parties.
VII. RISK ALLOCATION
7.1 Indemnification
The Guardian shall indemnify and hold the AIP harmless from any loss, liability, or expense arising out of the Guardian’s breach of Fiduciary Duty or willful misconduct. This indemnity is secured by the Bond.
7.2 Limitation of Liability
Except for acts of gross negligence, willful misconduct, or breach of Fiduciary Duty, the Guardian’s liability is limited to the penal sum of the Bond.
7.3 Insurance
The Guardian shall maintain in force:
a. General liability insurance covering the AIP’s residence; and
b. Health insurance or Medicare enrollment for the AIP, if eligible.
7.4 Force Majeure
Performance of Guardian duties is excused to the extent prevented by events beyond the Guardian’s reasonable control (e.g., natural disasters), provided the Guardian notifies the Court within 14 days and takes reasonable steps to safeguard the AIP.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed by the laws of the State of South Carolina, including without limitation S.C. Code Ann. Title 62, Article 5.
8.2 Forum Selection
Exclusive jurisdiction and venue lie with the Probate Court for [COUNTY] County, South Carolina.
8.3 Arbitration
Arbitration is not available for guardianship proceedings.
8.4 Jury Trial
No right to jury trial exists in Probate Court guardianship matters pursuant to South Carolina law.
8.5 Injunctive Relief
The Court retains authority to issue protective or injunctive orders as necessary to safeguard the AIP pending final determination.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver
No amendment to this Petition is effective unless in writing and filed with the Court. Waiver of any provision does not constitute waiver of any other provision.
9.2 Assignment
Rights and obligations under an Order appointing a Guardian are non-assignable except by Court order.
9.3 Severability
If any provision of the Court’s eventual Order is held invalid, the remaining provisions remain enforceable to the fullest extent permitted by law.
9.4 Integration
The Court’s Order will constitute the entire ruling on the guardianship issues addressed herein.
9.5 Counterparts; Electronic Signatures
This Petition may be executed in counterparts and by electronic signature, each of which is deemed an original.
X. EXECUTION BLOCK
Verification
I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER SIGNATURE]
Date: _______
Subscribed and sworn to before me this _ day of _, 20.
Notary Public for South Carolina
My Commission Expires: __
Attorney Signature (if applicable)
[ATTORNEY NAME], Esquire (SC Bar #___)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner
[// GUIDANCE:
1. Attach certified copies of any Powers of Attorney, Health Care Directives, or prior court orders.
2. List all Interested Persons with full mailing addresses on a separate Service List exhibit.
3. Consult local rules for hearing scheduling and mediation requirements (some counties mandate mediation in contested guardianships).
4. Review S.C. Code Ann. § 62-5-1010 et seq. (2019 revisions) for updated terminology and reporting forms.
5. When minors’ assets exceed $15,000, a conservatorship—not merely a guardianship—may be required.
]