The South Carolina Petition for Finding of Incapacity and/or Appointment of Guardian is a court document that is used to request that a court find a person legally incompetent and/or appoint a guardian for them. The petition must be filed by a relative or other interested party with the county probate court in the county where the person lives. The petition must contain information such as the petitioner's name, relationship to the person, the person's name, age, residence, physical and mental condition, and any attempts to obtain voluntary guardianship. The petitioner must also provide evidence of the person's incapacity and why a guardianship is necessary. There are two types of South Carolina Petition for Finding of Incapacity and/or Appointment of Guardian. The first type is a Petition for Finding of Incapacity, which is used to have a court find a person legally incompetent. The second type is a Petition for Appointment of Guardian, which is used to appoint a guardian for an incapacitated person.
South Carolina Petition for Finding of Incapacity and/or Appointment of Guardian
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How to fill out South Carolina Petition For Finding Of Incapacity And/or Appointment Of Guardian?
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FAQ
You must file a request with the Probate Court to relinquish your responsibilities as the guardian. See South Carolina Code Ann. § 62-5-307 at .
Filing a Petition to an SC Court and Paying Fees To start the process of appointing a conservator, a summons and petition, form 540PC, has to be filed with the appropriate court. There is an initial filing fee that must be paid, and then additional fees may be assessed later in the process.
To file for emergency custody in South Carolina, you or your attorney will file a ?Motion for Emergency Temporary Relief? that includes an explanation and documentation of why emergency custody is needed.
Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.
The Probate Court follows S.C. Code Ann §62-5-410 to determine who has the authority to serve as the Conservator. A summons and a petition (540PC) must be completed and filed with the court to begin the process of appointing a Conservator. An initial filing fee of $150.00 must also be paid.
If a guardianship is still needed after six months, the parties can sign another temporary guardianship agreement or they can file for permanent guardianship through the court.
5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.
How do I get guardianship of a child in South Carolina? An individual who wants to become a guardian of a minor should petition the Family Court in the county where the child currently resides. There is no standard guardian or guardianship form in South Carolinas list of Family Court forms.