Guardian Ad Litem Report

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.

Guardian Ad Litem Report 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 Guardian Ad Litem Report

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Guardian Ad Litem Report:

• 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 531GC - Guardian Ad Litem Report 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 531GC, 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 531GC 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 531GC 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 Guardian Ad Litem Report 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 531GC 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 531GC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Guardian Ad Litem Report 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 531GC - Guardian Ad Litem Report 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.

Guardian Ad Litem Report 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 531GC - Guardian Ad Litem Report. You can use this to get an idea of the context of the form and what type of information is needed.

FORM #531GC (08/2021) Page 1 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 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-_____-______ ) ) GUARDIAN AD LITEM REPORT The undersigned court-appointed Guardian ad Litem in this guardianship and/or protective proceeding submits the following report concerning the investigation which was conducted pursuant to S.C. Code Ann. § 62-5-106. DURING MY INVESTIGATION, I INTERVIEWED THE FOLLOWING INDIVIDUALS: NAME OF PERSON INTERVIEWED: DATE OF INTERVIEW: METHOD OF INTERVIEW (e.g. in person, by phone): 1. 2. 3. DURING MY INVESTIGATION, I REVIEWED THE FOLLOWING DOCUMENTS: TYPE OF DOCUMENT: PROVIDER OF THE DOCUMENT: 1. 2. 3. I.REPORT ON ALLEGED INCAPACITATED INDIVIDUAL: 1.Date and place of interview(s): ___________________________________________________________ 2.Was the alleged incapacitated individual (A.I.I.) oriented to the time and place? YES NO 3.Describe the A.I.I’s physical appearance: ____________________________________________________________________________________ 4.Who are the A.I.I’s closest family members? ____________________________________________________________________________________ 5.Does the A.I.I. have an attorney? YES NO If yes, list the attorney’s name, address, and phone number. ____________________________________________________________________________________ 6.Does the A.I.I. have a primary care physician or other treating medical provider? YES NO If yes, list the doctor’s name, address, and phone number. ____________________________________________________________________________________ FORM #531GC (08/2021) Page 2 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 7.Please list any known medical diagnoses of the A.I.I. ____________________________________________________________________________________ 8.What are the current care and treatment needs of the A.I.I.? ____________________________________________________________________________________ 9.What are the future care and treatment needs of the A.I.I.? ____________________________________________________________________________________ 10.The A.I.I. has been rated or found to be: (Check all that apply) Disabled; Mentally ill or incompetent; Chemically Dependent; or None of the above. 11.The A.I.I. would benefit from: (Check all that apply) Further education; Further training; Therapy or treatment; Medical aids or equipment; An operation or medical procedure(s); Structured living arrangements; Psychiatric treatment; or None of the above. 12.Is the A.I.I. capable of communicating, with or without reasonable accommodations, his or her wishes, interests, or preferences regarding a protective proceeding or the appointment of a guardian and/or conservator? YES NO If no, proceed to Section II. 13.What is the plan of the A.I.I. to provide care for himself or herself? ____________________________________________________________________________________ 14.What is the plan of the A.I.I. to (i) manage his or her property or financial affairs, (ii) provide for his or her support, and/or (iii) provide support for his or her legal dependents? ____________________________________________________________________________________ 15.If a protective proceeding is pending, how does the A.I.I. feel about a finding of incapacity and the issuance of the requested protective order? ____________________________________________________________________________________ 16.If a Petition for guardianship is pending, how does the A.I.I. feel about the proposed guardianship and the proposed guardian? FORM #531GC (08/2021) Page 3 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 ____________________________________________________________________________________ 17.If a Petition for conservatorship is pending, how does the A.I.I. feel about the proposed conservatorship and the proposed conservator? ____________________________________________________________________________________ II.REPORT ON THE CONDITIONS OF PRESENT AND FUTURE RESIDENCE 18.Date and time visited: __________________________________________________________________ 19.Address (including street, city, county, state, zip): ____________________________________________________________________________________ 20.Type of abode: _______________________________________________________________________ 21.Condition: a.Exterior:_______________________________________________________________________ b.Interior:_______________________________________________________________________ c.Utilities working: _______________________________________________________________ d.Cleanliness: _______________________________________________________________ e.Fire hazards: _______________________________________________________________ f.Other (explain): _______________________________________________________________ 22. Is there a proposed change in the residential plan for the A.I.I.? YES NO If yes, please explain the plan and whether you believe the plan is in the best interest of the A.I.I. ____________________________________________________________________________________ III.REPORT ON THE PROPOSED GUARDIAN: (If there is not a Petition for Appointment of Guardian pending, proceed to Section IV.) 23.Name of the proposed guardian: _________________________________________________________ 24.Relationship of the proposed guardian to the A.I.I.: __________________________________________ 25.Is the proposed guardian currently a primary caretaker for the A.I.I.? YES NO If no, who is? ________________________________________________________________________ 26.What are the proposed guardian’s long-term plans for the A.I.I.? ____________________________________________________________________________________ 27.Upon review of the proposed guardian’s criminal background check, do you have any concerns regarding the ability of the proposed guardian to serve in this role? YES NO If yes, please explain your concerns. ____________________________________________________________________________________ 28.Has DSS ever investigated the proposed guardian? YES NO If yes, please explain the circumstances and provide any information the DSS record revealed that you believe the Court should know. FORM #531GC (08/2021) Page 4 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 ____________________________________________________________________________________ 29.Did your investigation of the proposed guardian reveal anything that you believe the Court should know? YES NO If yes, please explain. ____________________________________________________________________________________ 30.Do you believe the proposed guardian is an appropriate person to serve as a guardian for the A.I.I. considering (i) his or her geographic location, (ii) his or her familial or other relationship, (iii) his or her ability to carry out the duties of the guardianship, (iv) his or her potential conflict of interests, (v) the wishes of the A.I.I., and (vi) the recommendations of the relatives of the A.I.I.? Provide a detailed response. ____________________________________________________________________________________ 31.Did your investigation reveal any other person who should be considered to be appointed the guardian in this matter? YES NO If yes, please explain, including the name, address, telephone number, age, and relationship to the A.I.I. ____________________________________________________________________________________ IV.REPORT ON THE PROPOSED CONSERVATOR (If there is not a Petition for Appointment of Conservator pending, proceed to Section V.) 32.Name of the proposed conservator: _______________________________________________________ 33.Relationship of the proposed conservator to the A.I.I.: _________________________________________ 34.Is the proposed conservator currently the primary person assisting the A.I.I. with his or her finances? YES NO If no, who is? _____________________________________________________________________ 35.What assets does the A.I.I. own or income does the A.I.I. receive that require a conservator? ____________________________________________________________________________________ 36.Upon review of the proposed conservator’s criminal background check, do you have any concerns regarding the ability of the proposed conservator to serve in this role? YES NO If yes, please explain your concerns. 37.Has DSS ever investigated the proposed conservator? YES NO If yes, please explain. ____________________________________________________________________________________ 38.Upon review of the proposed conservator’s credit report, do you have any concerns regarding the ability of the proposed conservator to serve in this role? If yes, please explain your concerns. YES NO FORM #531GC (08/2021) Page 5 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 ____________________________________________________________________________________ 39.Did your investigation of the proposed conservator reveal anything that you believe the Court should know? YES NO If yes, please explain. ____________________________________________________________________________________ 40.Do you believe the proposed conservator is an appropriate person to serve as a conservator for the A.I.I. considering (i) his or her geographic location, (ii) his or her familial or other relationship, (iii) his or her ability to carry out the duties of the conservatorship, (iv) his or her potential conflict of interests, (v) the wishes of the A.I.I., and (vi) the recommendations of the relatives of the A.I.I.? Provide a detailed re sponse. ____________________________________________________________________________________ 41.Did your investigation reveal any other person who should be considered to be appointed the conservator in this matter? YES NO If yes, please explain, including the name, address, telephone number, age, and relationship to the A.I.I. V.REPORT ON PETITION FOR PROTECTIVE ORDER AND/OR REQUEST TO RATIFY HEALTH CARE POA, AND RATIFICATION OF POA/POAs If this is a Protective Proceeding in which you are NOT recommending the appointment of a guardian or conservator, please complete Section VI and the Addendum Concerning Petition for Protective Order, which is attached to this Report (Page 9). If you are recommending the appointment of a guardian and conservator, proceed to Section VI but do not complete the Addendum. VI.CONCLUSIONS AND ADDITIONAL COMMENTS 42.Do you believe the A.I.I. is an incapacitated person pursuant to S.C. Code Ann. § 62-5-101(13)? YES NO 43.Do you believe the A.I.I. needs a guardian? YES NO 44.Do you believe there is a less restrictive alternative to the guardianship? YES NO If yes, please explain. ____________________________________________________________________________________ 45.Do you believe there should be limitations placed on the guardianship? YES NO If yes, please explain. ____________________________________________________________________________________ 46.Do you believe the A.I.I. needs a conservator? YES NO 47.Do you believe there is a less restrictive alternative to the conservatorship? YES NO FORM #531GC (08/2021) Page 6 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 If yes, please explain. ____________________________________________________________________________________ 48. Do you believe there should be limitations placed on the conservatorship? YES NO If yes, please explain ___________________________________________________________________________________ 49.Pursuant to S.C. Code Ann. §§ 62-5-304A(A) and 62-5-407, as Guardian ad Litem, I believe that the A.I.I. should retain the following rights and powers: (Check the rights and powers you recommend the A.I.I. should retain.) a. Marry or divorce; b. Reside in a place of the A.I.I.’s choosing, and consent or withhold consent to any residential or custodial placement; c. Travel without the consent of a guardian; d. Give, withhold, or withdraw consent and make other informed decisions relative to medical, mental, or physical examinations, care, treatment, and therapies; 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; f. Consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment; g. Authorize disclosure of confidential information; h. Operate a vehicle; i. Vote; j. Be employed without the consent of a guardian; k. Consent to or refuse educational services; l. Participate in social, religious, or political activities; m. Buy, sell, or transfer real or personal property or transact business of any type including, but not limited to, those powers conferred upon a conservator under § 62-5-422; n. Make, modify, or terminate contracts; o. Bring or defend any action at law or equity; and p. Other: ________________________________ If necessary, please explain these recommendations. If additional space is needed, please use additional sheets and attach. _______________________________________________________________________________________ 50.Pursuant S.C. Code Ann. §§ 62-5-304A(B) and 62-5-407(B), as Guardian ad Litem, I believe that a guardian or conservator’s rights and powers shall include, but not be limited to: (Check the rights and powers you recommend be vested with a guardian or conservator.) FORM #531GC (08/2021) Page 7 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 a. Determine the place where the ward shall reside and consent or withhold consent to any residential or custodial placement; b. Consent to travel; c. Consent or refuse to consent to visitation with family, friends, and others; d. Give, withhold, or withdraw consent and make other informed decisions relative to medical mental, or physical examinations, care, treatment, and therapies; 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; f. Consent or refuse to consent to hospitalization and discharge or transfer to a residential setting, group home, or other facility for additional care and treatment; g. Authorize disclosure of confidential information; h. Consent to employment; i. Consent to or refuse educational services; j. Buy, sell, or transfer real or personal property or transact business of any type including, but not limited to, those powers conferred upon a conservator under § 62-5-422; k. Make, modify, or terminate contracts; and l. Bring or defend any action at law or equity. If necessary, please explain these recommendations. If additional space is needed, please use additional sheets and attach. ____________________________________________________________________________________ 51.Prior to your appointment, did you know the A.I.I.? YES NO If yes, please explain. ____________________________________________________________________________________ 52.Prior to your appointment, did you know the person(s) seeking appointment as guardian and/or conservator? YES NO If yes, please explain. ____________________________________________________________________________________ 53.Prior to your appointment, did you or do you now have a personal interest in these proceedings? YES NO If yes, please explain. ____________________________________________________________________________________ 54.Do you believe there should be a formal hearing on this matter even if all parties are in agreement? YES NO If yes, please explain. ____________________________________________________________________________________ FORM #531GC (08/2021) Page 8 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 55.Do you have any other recommendations relevant to this matter? YES NO If yes, please explain. ____________________________________________________________________________________ Executed this day of , 20 . Signature: Print Name: Firm Name (if applicable): Bar Number (if applicable): Address: Telephone: Email: FORM #531GC (08/2021) Page 9 of 9 62-5-101, 62-5-106, 62-5-304A, 62-5-407 ADDENDUM CONCERNING PETITION FOR PROTECTIVE ORDER AND/OR REQUEST TO RATIFY HEALTH CARE POWER OF ATTORNEY COMPLETE THIS ADDENDUM ONLY IF IT APPLIES TO THE UNDERLYING PETITION. IF NOT, PLEASE DO NOT FILE THIS PAGE WITH YOUR REPORT. REPORT ON PETITION FOR PROTECTIVE ORDER AND/OR REQUEST TO RATIFY HEALTH CARE POA, AND RATIFICATION OF POA/POAs: 56.What types(s) of planning documents does the A.I.I. have (e.g., power of attorney, will, trust)? ____________________________________________________________________________________ 57.Name of the Petitioner: _________________________________________________________________ 58.Is the Petitioner a named agent or alternate agent in the A.I.I.’s power(s) of attorney (POA(s))? YES NO If yes, which document or documents? ____________________________________________________ If no, what is the relationship of the Petitioner to the A.I.I.?: ____________________________________ 59. Have you been provided with copies of and reviewed the A.I.I.’s POA(s)? YES NO \\u0019\\u0013.Do you believe the POA or POAs of the A.I.I. are sufficient to address the needs of the A.I.I., based on your investigation? YES NO If no, please explain the concerns. ________________________________________________________ \\u0019\\u0014. Do either you or the A.I.I. have any concerns about or objection to the individual named as agent in the A.I.I.’s POA or POAs serving in that role, if the court ratifies the documents? YES NO If yes, please explain the concerns: _______________________________________________________ 62. If you have concerns, would the A.I.I. be better served by the appointment of a guardian and/or conservator rather than ratification of the document(s)? YES NO If yes, please explain: ________________________________________________________________ 63.Do you recommend that the Court make a finding of incapacity and ratify the POA(s)? YES NO Please explain. ______________________________________________________________________ 64.If you recommend the removal of any rights as part of the protective order, please indicate in Section VI which rights you believe should be removed and/or vested in the agent operating under the POA. Executed this _______ day of ______, 20____. Signature: Print Name: Firm Name (if applicable): Bar Number (if applicable): Address: Telephone: Email: