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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.

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.

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.

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.

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.

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 .

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.

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Forms to Ask for Guardianship of a Child ; Petition for Appointment of Guardian of the Person (Probate — Guardianships and Conservatorships). Hand each person copies of the filled-out Notice of Hearing and the Petition.Fill out and sign Form GC-020(P), Proof of Personal Service of Notice of Hearing. Sample Guardianship Documents a. Motion for Permanent Guardianship (two samples) b. STEP 1: Complete forms. ! Petition for Guardianship n Entry of Appearance and Waiver n Summons. 1. The Court requires proof that you received the Petition for Appointment of Guardian of a. Minor and a Summons. See How to Ask for an Emergency Guardianship instruction.

South Carolina Sample of Summons for Guardianship

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What is the difference between a conservatorship and a guardianship in South Carolina?

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