The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
South Carolina Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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US-00975BG
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
Generally, guardians have control over the every-day decisions and care of a minor. Conservators have similar control over an adult, but they're typically limited to financial decisions.
A petition for a conservatorship must be filed in the South Carolina county where the alleged incapacitated person resides. In most cases, after a petition for conservatorship is filed the Court appoints a Court examiner along with a guardian ad litem and an attorney for the protected person.
A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor.
While both legal arrangements might be used to help someone manage their affairs if they lack the mental competence to do so themselves, conservatorships differ from powers of attorney because they are not voluntary; they are created by the court; and they can only be revoked by the court.
A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor.
Only the Probate Court can appoint a guardian for an adult. The Probate Court will not appoint a guardian unless it receives clear and convincing evidence, in a court hearing, that an individual is incapacitated, and that the person applying to be guardian is the appropriate person to serve as a guardian.
Initiating a Guardianship/Conservatorship case requires quite a bit of paperwork, including a Summons and Petition; an Examiner Report (completed by the incapacitated person's physician); a certified SLED background report of the person seeking to be appointed; a full credit report of the person seeking to be appointed ...