Examiner Report And Affidavit Regarding Capacity

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Examiner Report And Affidavit Regarding Capacity is a commonly used form within South Carolina. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Examiner Report And Affidavit Regarding Capacity

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Examiner Report And Affidavit Regarding Capacity:

• This form pertains to the State of South Carolina

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about South Carolina’s Form 539GC - Examiner Report And Affidavit Regarding Capacity up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct South Carolina form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some South Carolina probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 539GC, take a break, and then review. Probate and estate settlement processes in SC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 539GC online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 539GC witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Examiner Report And Affidavit Regarding Capacity to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in South Carolina.

5 reasons you should submit 539GC as quickly as possible:

1. The sooner you begin, the faster South Carolina can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in South Carolina. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of South Carolina is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for South Carolina probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local South Carolina probate clerk or court for exact answers regarding Form 539GC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Examiner Report And Affidavit Regarding Capacity is one of the many probate court forms available for download through Atticus.

It may also be available through some South Carolina probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within South Carolina.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 539GC - Examiner Report And Affidavit Regarding Capacity f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the South Carolina probate court office.

Examiner Report And Affidavit Regarding Capacity is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any South Carolina-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on South Carolina Form 539GC - Examiner Report And Affidavit Regarding Capacity. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 4 FORM #539GC (09/2020) 62-5-303, 62-5-303D, 62-5-403, 62-5-403B, 62-5-403D, 62-5-304, 62-5-407, 62-5-407(B) STATE OF SOUTH CAROLINA ) ) COUNTY OF __________________________ ) ) ) IN THE MATTER OF: ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT an alleged incapacitated individual. ) ) CASE NUMBER ______-GC-________-_________ ) ) EXAMINER REPORT AND AFFIDAVIT ) REGARDING CAPACITY ) Please answer the following questions concerning the alleged incapacitated individual (hereinafter, “patient”) and provide explanations or additional comments and details at the end of this form or on an attached sheet of paper. 1. Patient’s name: _______________________________________________________ 2. Have you treated the patient previously? If yes, how long? __________________________________________________________ Yes No 3. a) Date(s) and place(s) of all examination(s) within previous ninety (90) days: __________________________________________________________________________________ b) Date(s) and place(s) of all examination(s) relied upon in making this report: ___________________________________________________________________________________ 4.Please provide a diagnosis and assessment of the patient’s mental and physical condition, including whether he/she is taking any medications that may affect his/her actions: ____________________________________________________________________________________ Are additional tests or assessments, such as lab tests, neuroimaging/MRI, neuropsychological testing, or other tests needed in order to give a more definitive diagnosis? If so, what further tests or examinations are needed? _____________________________________________________________________________________ 5.Please specify which diagnoses and/or condition(s) are progressive, permanent, or temporary. Progressive: ______________________________________________________________ Permanent: _______________________________________________________________ Temporary: _______________________________________________________________ 6.Please describe the nature and extent of any incapacity, including specific impairments: _________________________________________________________________________ Page 2 of 4 FORM #539GC (09/2020) 62-5-303, 62-5-303D, 62-5-403, 62-5-403B, 62-5-403D, 62-5-304, 62-5-407, 62-5-407(B) 7.Please describe the nature and extent of the patient’s abilities, including those that would allow him/her to accomplish certain tasks with reasonably available “supports and assistance” 1 : 8. Does the patient have the capacity to retain the following rights (If you cannot attest to yes or no, please explain what additional test/s can be done to achieve that information): a) Marry or divorce? Yes No Unknown b) Reside in a place of his/her choosing, and consent or withhold consent to any residential or custodial placement? Yes No Unknown c) Travel without the consent of a guardian? Yes No Unknown d) Give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, and physical examinations, care, treatment, and therapies? Yes No Unknown e) Make end-of-life decisions including, but not limited to, a “do not resuscitate” order or the application of any medical procedures intended solely to sustain life, and consent or withhold consent to artificial nutrition and hydration? Yes No Unknown f) Consent or refuse consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment? Yes No Unknown g) Authorize disclosures of confidential information? Yes No Unknown h) Operate a vehicle*? Yes No Unknown i) Vote? Yes No Unknown j) Be employed without the consent of a guardian? Yes No Unknown k) Consent to or refuse educational services? Yes No Unknown l) Participate in social, religious or political activities? Yes No Unknown m) Buy, sell, or transfer real or personal property or transact business of any type? Yes No Unknown n) Make, modify, or terminate contracts? Yes No Unknown o) Bring or defend any action at law or equity? Yes No Unknown p) Any other rights and powers? Please list. ____________________________________________________________________________________ COMPLETE EXPLANATION(S) FOR QUESTIONS a) through p) HERE. If more space is required, use additional sheets and attach. (*If you answered “yes” to h), please state below whether a full driving evaluation has been conducted.) _______________________________________________________________________________________ 1 As defined in S.C. Code Ann. § 62-5-101(23), “Supports and assistance” includes: (a) systems in place for the alleged incapacitated individual to make decisions in advance or to have another person to act on his behalf, including, but not limited to, having an agent under a durable power of attorney, a health care power of attorney, a trustee under a trust, a representative payee to manage social security funds, a Declaration of Desire for Natural Death (living will), a designated health care decision maker under Section 44-66-30, or an educational representative designated under Section 59-33-310 to Section 59-33-370; and (b) reasonable accommodations that enable the alleged incapacitated individual to act as the principal decision maker, including, but not limited to, using technology and devices; receiving assistance with communication; having additional time and focused discussion to process information; providing tailored information oriented to the comprehension level of the alleged incapacitated individual; and accessing services from community organizations and governmental agencies. Page 3 of 4 FORM #539GC (09/2020) 62-5-303, 62-5-303D, 62-5-403, 62-5-403B, 62-5-403D, 62-5-304, 62-5-407, 62-5-407(B) 9. Would the patient benefit from: a) Therapy or treatment? b) Medical aids or equipment? c) An operation or medical procedure(s)? d) Psychiatric treatment? Yes No Yes No Yes No Yes No 10. Has the patient had in the last six months: a) Hospitalization(s)? b) Therapy or treatment? c) Inpatient or outpatient surgery? d) Major medical test(s)? e) Psychological or psychiatric testing? Yes No Yes No Yes No Yes No Yes No 11. In your opinion, does the patient have the ability to: a) effectively manage his/her property or individual financial affairs, provide for his/her support, or for the support of his/her legal dependents? Yes No If yes, is the ability limited in any way? Please explain: _______________________________________________________________________________________ b) meet the essential requirements for his/her physical health, safety, or self-care. Yes No If yes, is the ability limited in any way? Please explain: _______________________________________________________________________________________ 12.The patient continues to perform the following activities of daily living: _______________________________________________________________________________________ 13.Does the patient have: a) A power of attorney? b) A healthcare power of attorney? c) A “living will”? Yes No Unknown Yes No Unknown Yes No Unknown 14. Does the patient have any of the following coverages? a) Health insurance? b) Medicare? c) Medicaid? d) Veteran’s health care? Yes No Unknown Yes No Unknown Yes No Unknown Yes No Unknown 15. Does the patient have a primary caregiver? Yes No If yes, provide caregiver’s name, address, and relationship to the patient. ____________________________________________________________________________________ 16. Please identify the persons with whom you met or consulted regarding the patient’s mental or physical condition: ___________________________________________________________________________________ Page 4 of 4 FORM #539GC (09/2020) 62-5-303, 62-5-303D, 62-5-403, 62-5-403B, 62-5-403D, 62-5-304, 62-5-407, 62-5-407(B) 17. BASED UPON MY EVALUATION OF THIS PATIENT: a.I DO NOT BELIEVE THIS PATIENT IS “INCAPACITATED.” 2 I do not find that he/she lacks the ability to effectively receive, evaluate, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance cannot: a) meet the essential requirements for his/her physical health, safety, or self-care, necessitating the need for a guardian; or b) manage his/her property or financial affairs or provide for his/her support of for the support of his/her legal dependents, necessitating the need for a protective order. b. I DO BELIEVE THIS PATIENT IS “INCAPACITATED” to such an extent, that he/she lacks the ability to effectively receive, evaluate, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance cannot: a) meet the essential requirements for his/her physical health, safety, or self-care, necessitating the need for a guardian; or b) manage his/her property or financial affairs or provide for his/her support of for the support of his/her legal dependents, necessitation the need for a protective order. Use this space to provide explanations or additional comments. SWORN to before me this __ day of Examiner’s Signature: _____________________, 20_____ Print Name: Credentials: Print Name:_______________________ (e.g., M.D., Ph.D., D.O., R.N.) Address: Notary Public for South Carolina Telephone: My Commission Expires:_________ 2 As defined in S.C. Code Ann. § 62-5-101(13), “Incapacity” means the inability to effectively receive, evaluate, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance cannot: a) meet the essential requirements for his/her physical health, safety, or self-care, necessitating the need for a guardian; or b) manage his property or financial affairs or provide for his support of for the support of his legal dependents, necessitating the need for a protective order.