A South Carolina Summons (For Conservatorship) is a legal document that is used to initiate a conservatorship proceeding. It is served on the proposed conservative and informs them of the court action that is being taken to appoint a conservator over them. The Summons also serves to notify the proposed conservative of their right to object to the conservatorship. Types of South Carolina Summons (For Conservatorship) include: -Uncontested Summons: This type of Summons is typically used when the proposed conservative is not contesting the conservatorship. —Contested Summons: This type of Summons is used when the proposed conservative is contesting the conservatorship. —Citation to Appear: This type of Summons is used to require a proposed conservative to appear in court to answer the conservatorship petition. —Notice to Creditors: This type of Summons is used to notify creditors of the conservatorship and any related proceedings.
South Carolina Summons (For Conservatorship)
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Removal or resignation of guardian; termination of incapacity. (a) After service of the summons and petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward.
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. No expenditures can occur without written Court order.
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY. Section 62-5-504 - Health care power of attorney; definitions; form. (A) As used in this section: (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.
SECTION 62-5-103. (3) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor or for the minor under the Uniform Gifts to Minors Act and giving notice of the deposit to the minor.
A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem. If the minor already has an attorney, that attorney shall act as his guardian ad litem.
(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the
SECTION 62-5-304. Order of appointment; alternatives; limitations on guardian's powers. (A) The court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual.
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.