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South Carolina Petition for Protective Order and Appointment of Conservator

State:
South Carolina
Control #:
SC-SKU-0757
Format:
PDF
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Petition for Protective Order and Appointment of Conservator

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FAQ

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.

In South Carolina, you can use an Affidavit if an estate value is less than $25,000. You must wait 30 days after the death, and a probate judge will need to approve it. There is also potential to use a summary probate procedure, which is a possibility when an estate value is less than $25,000.

Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.

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.

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.

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.

More info

Check the appropriate box(es) in the Petition: • PROTECTIVE ORDER - Can be used to establish incapacity, allow for appointment of a special. If the court believes an individual's estate requires immediate protection before appointing a conservator, the court may issue a preliminary protective order.Most of them don't require asking a court to appoint another person to act or make decisions for the person who needs help (called a conservatorship). For example, if you are filing a public document that requires you to provide a date of birth to the court, complete only that field on this form. Completing the forms pertaining to this action. For example, if you are filing a public document that requires you to provide a date of birth to the court, complete only that field on this form. Guardianship ; GN-3380. Order on Petition for Appointment of Conservator. Of Guardian for Adult, Petition for Appointment of. Conservator for Adult).

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South Carolina Petition for Protective Order and Appointment of Conservator