Summons And Petition For Appointment Of Guardian {530GC}

SCCA 401PC (01/2019) STATE OF SOUTH CAROLINA ) ) COUNTY OF: ) ) IN THE MATTER OF: ) ) Decedent Alleged Incapacitated Individual ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT ) ) CASE NUMBER - - - Petitioner(s), ) vs. ) SUMMONS ) Respondent(s).* ) *For Guardianship/Conservatorship matters, you must include the alleged incapacitated individual as a Respondent. TO THE RESPONDENT(S) LISTED ABOVE: YOU ARE HEREBY SUMMONED and required to Answer the Petition in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer upon the Petitioner(s) listed above at the following address(es): Please Type or Print. (Name of Petitioner/Attorney for Petitioner) (Street Address or Mailing Address) (City, State, and Zip Code) Your Answer must be served on the Petitioner at the above address within thirty (30) days after the service of this Summons and Petition upon you, exclusive of the day of such service; and if you fail to answer the Petition within that time, judgment by default will be rendered against you for the relief demanded in the Petition. Signature of Petitioner(s)/Attorney for Petitioner(s) Date: American LegalNet, Inc. www.FormsWorkFlow.com Case Number: FORM #530GC (01/2019) Page 2 of 7 62-1-302, 62-5-107,62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-304A, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-311, 62-5-701 INSTRUCTION SHEET FOR FORM #530GC PETITION FOR FINDING OF INCAPACITY, APPOINTMENT OF GUARDIAN, APPOINTMENT OF SUCCESSOR GUARDIAN Payment of the filing fee or filing of a Motion and Affidavit to Proceed In Forma Pauperis (see Form #SCCA405PC) is required when this petition is filed. The petition is intended to be used when a petitioner is seeking the appointment of a Guardian for an alleged incapacitated individual (A.I.I.). It can also be used when a petitioner seeks to have a Successor Guardian appointed for an incapacitated individual. The following actions may be requested with the filing of the attached Petition: FINDING OF INCAPACITY The Petitioner may be seeking to have the A.I.I. found to be an incapacitated individual for the purpose of the appointment of a Guardian. This is determined by the Court based upon and report and other relevant evidence. Generally, if there is no finding of incapacity, the court will not be able to proceed with any other action regarding the person who is alleged to be incapacitated. If authority is needed to make decisions regarding health care, medical treatment, medical decisions, or appropriate placement for the A.I.I., please read below for situations in which a guardianship may be needed and check the appropriate box(es) in the Petition: APPOINTMENT OF GUARDIAN (including appointment on an EMERGENCY or TEMPORARY basis; see Forms #512GC and #513GC) - Can be used to request appointment of an individual, including a professional Guardian, on an emergency, temporary, and/or permanent basis to be the substitute health care decision-maker for an alleged incapacitated individual. APPOINTMENT OF SUCCESSOR GUARDIAN - Can be used to request appointment of a successor to the permanent Guardian. IF NOMINATED TO SERVE IN A WILL Based on the facts of the case and the filings of the parties, pursuant to S.C. Code Ann. 247 62-1-100, it is within the discretion of the Court to determine whether a testamentary Guardian designation in a will executed by a parent or spouse prior to January 1, 2019, the effective date of the revisions to Article 5 of the S.C. Probate Code, will fall under the processes and procedures of the 1987 Probate Code or under the processes and procedures enacted by the 2017 amendments. (See 24762-5-301 of the 1987 Probate Code versus the changes to 24762-5-301 enacted by the 2017 amendments.) RIGHTS AND POWERS OF THE ALLEGED INCAPACITATED INDIVIDUAL S.C. Code Ann. 247 62-5-303(B)(7) requires that the petitioner must indicate in the petition what rights the Court is being asked to remove from the A.I.I. For guardianships those rights are stated in S.C. Code Ann. 247 62-5-304A. The burden of proof will be on the petitioner to show why certain rights should be removed. Rights not asked to be removed or not stated as being removed in the court order will be retained. If the A or an impairment other than solely a physical impairment or disability, the court is required to report the name of the incapacitated individual to the State Law Enforcement Division (SLED), pursuant to S.C. Code Ann. 247 23-31-1020. He or she will not be allowed to purchase, possess, or have access to firearms or ammunition, pursuant to S.C. Code Ann. 247 23-31-1040(A). American LegalNet, Inc. www.FormsWorkFlow.com Case Number: FORM #530GC (01/2019) Page 3 of 7 62-1-302, 62-5-107,62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-304A, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-311, 62-5-701 STATE OF SOUTH CAROLINA ) ) COUNTY OF ) ) IN THE MATTER OF: ) , ) an alleged incapacitated individual. ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT , ) ) ) CASE NUMBER - GC - - PETITION FOR: Petitioner(s), ) FINDING OF INCAPACITY vs. ) APPOINTMENT OF: , ) ) GUARDIAN SUCCESSOR GUARDIAN Respondent(s).* ) *You must include the alleged incapacitated individual (A.I.I.) as a Respondent. 1. Petitioner(s): Relationship to the alleged (A.I.I.), if any, or your interest in this proceeding: 2. Information about A.I.I. Name: Age: Date of Birth: Last 4 digits of Social Security Number: XXX-XX- Address: City/State/Zip: Telephone: (Home): (Cell): Email: The address provided for the A.I.I. is his/her: Home ; a Facility ; Other (please specify): 3. Existing legal documents and/or legal appointments relating to the A.I.I. To my knowledge, the A.I.I: Does have Does not have a Will Does have Does not have a general Durable Power of Attorney (POA) Does have Does not have a Health Care POA Does have Does not have a Living Will Does have Does not have a Guardian Does have Does not have a Conservator or Trustee If the A.I.I. does have any of the above-named documents, copies must be provided with this Petition or an explanation provided as to why the document is not available. 4. Jurisdiction: The A.I.I. has been physically present in South Carolina for the six (6) month period immediately preceding the filing of this petition or for at least six (6) consecutive months ending within the six (6) month period immediately preceding the filing of this petition. American LegalNet, Inc. www.FormsWorkFlow.com Case Number: FORM #530GC (01/2019) Page 4 of 7 62-1-302, 62-5-107,62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-304A, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-311, 62-5-701 If the A.I.I. has not been physically present in South Carolina for the period of time described above, explain what connections the A.I.I. has to South Carolina. Please refer to SC Code 247247 62-5-700 through 62-5-711. 5. Venue (check all that apply): Venue for this proceeding is proper in this county because the A.I.I.: resides in this county and has resided in this county for more than six (6) months; resides in this county (this is his/her county of residence); is physically present in this county at this time; or is admitted to an institution in this county pursuant to an order of a court of competent jurisdiction, but this is not the county of residence. If the A.I.I. has not resided in this county for the six (6) months preceding this action, state the address where the A.I.I. did reside or where he/she is currently residing: 6. Information about family of the A.I.I. You must provide information about the spouse and any children of the A.I.I.; if there is no spouse or adult children, then list his/her parents. If no parents are living, then list the closest adult relative(s). **Spouse: Address: City/State/Zip: Telephone: (Home): (Cell): Email: **If deceased, a certified death certificate is required. Children of A.I.I.: Name Address Year of Birth (IF REQUIRED) Living Parents of A.I.I.: Name Address (IF REQUIRED) Closest Living Adult Relative(s) of A.I.I. use additional paper if needed: Adult Relative: Address: City/State/Zip: Telephone: (Home): (Cell): Email: 7. Information about any other interested parties