The South Carolina Petition for Discharge — Guardianship/Conservatorship is a court document used when a guardian or conservator is requesting to be discharged from their responsibilities. This form is used when a guardian or conservator no longer wishes to serve in that role, or when the court requires them to be discharged. There are two types of South Carolina Petition for Discharge — Guardianship/Conservatorship: one for an adult guardianship/conservatorship, and one for a minor guardianship/conservatorship. The adult form requires the petitioner to provide the name and address of the ward, the reasons for discharge, and the proposed plan for the care and protection of the ward. The minor form requires the petitioner to provide the name and address of the minor and the guardian, the reasons for discharge, and the name and address of the person or agency designated to assume guardianship. Both forms require the petitioner to provide a statement of accounts and receipts for all funds used in the guardianship/conservatorship.
South Carolina Petition for Discharge - Guardianship/Conservatorship
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How to fill out South Carolina Petition For Discharge - Guardianship/Conservatorship?
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FAQ
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.
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.
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.
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.
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.
Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate.