Create Signing Order For Legal South Carolina Guardianship Forms For Free

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.

A: A Guardian is appointed after a hearing where testimony from family, a physician and licensed social worker indicate that the person is in need of a Guardian to assist in his/her personal care. All prospective Guardians must review an educational video on the process.

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.

The ward or the guardian can petition the court to terminate the guardianship. The petitioner must provide evidence to the court that: The guardian is no longer needed or wanted. Termination of guardianship would be in the ward's best interests.

A temporary guardianship may be arranged without a court order if: It is to last for 6 months or less; and. The parents sign and notarize a temporary guardianship agreement, and. If the child is 14 or older, the child will sign the agreement.

The primary responsibilities of a guardian are to decide where the ward will live and make provisions for the ward's care, comfort and maintenance, including medical and health care decisions. A conservatorship or other protected proceeding involves the management of financial affairs or property.