Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory)

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.

Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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 Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory):

• 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 530GC - Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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 530GC, 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 530GC 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 530GC 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 Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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.

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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 530GC 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 530GC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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 530GC - Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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.

Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory) 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 530GC - Petition For Finding Of Incapacity And/or Appointment Of Guardian (Mandatory). You can use this to get an idea of the context of the form and what type of information is needed.

SCCA 401PC (08/2021) Page 1 of 7 STATE OF SOUTH CAROLINA ) ) COUNTY OF __________________________________ ) ) IN THE MATTER OF: ) ____________________________________________, ) Decedent Alleged Incapacitated Individual Minor Other: _________________ ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT _____________________________________________, ) ) ) CASE NUMBER _____-GC-_____- _____ 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: __________________________ FORM #530GC (08/2021) 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, 62-5-70, 23-31-1040D INSTRUCTION SHEET FOR FORM #530GC PETITION FOR FINDING OF INCAPACITY, APPOINTMENT OF GUARDIAN (or CO-GUARDIANS), APPOINTMENT OF SUCCESSOR GUARDIAN, ORDER RATIFYING EXISTING HEALTH CARE POA This petition is intended to be used when a petitioner is seeking the appointment of a Guardian for an alleged incapacitated individual (A.I.I.). The following actions may be requested with the filing of the attached Petition: • FINDING OF INCAPACITY • The Petitioner may seek to have the A.I.I. found to be incapacitated for the purpose of the appointment of a Guardian or to assist in ratifying a valid, existing Health Care Power of Attorney (HCPOA). Incapacity is determined by the court based on a medical examination 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. • A finding of incapacity may be made by the court because of the A.I.I.’s inability to meet the essential requirements for his or her physical health, safety, or self-care and/or the inability to manage his or her property or financial affairs or provide for his or her support or for that of his or her legal dependents. This could be because of allegations that are based on, but not limited to, mental illness, significant intellectual disability, physical illness or disability, brain injury, chronic use of and/or addiction to illicit or prescription drugs, or chronic intoxication and/or addiction to alcohol. The presence of one or more of these conditions does not automatically prove incapacity, but it may be what prompts the filing of the petition. • 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 applicable situations 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 permanent appointment of an individual or professional guardian and, if needed, appointment of a Guardian on a temporary basis before the permanent appointment can be made. • APPOINTMENT OF SUCCESSOR GUARDIAN – Can be used to request appointment of a successor to the previously appointed 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. § 62-1-100, it is within the court’s discretion to determine whether a testamentary guardian designation in the Will of 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 Code or under the processes and procedures enacted by the 2017 amendments. (See S.C. Code Ann. § 62-5-301 of the 1987 Code versus the changes to S.C. Code Ann. § 62-5-301 enacted by the 2017 amendments.) • RATIFICATION OF EXISTING HEALTH CARE POWER OF ATTORNEY (HCPOA) - An existing, valid HCPOA creates the presumption that there is a “support and assistance” (see Section 62-5-101(23)) in place that would eliminate the need for guardianship. The Petitioner may seek an order ratifying (confirming) the HCPOA. Otherwise, the Petitioner must show by clear and convincing evidence why that document is not valid, is not sufficient to meet the needs of the A.I.I., or present other issues that would support voiding that document if the appointment of a Guardian is requested. • RIGHTS AND POWERS OF THE ALLEGED INCAPACITATED INDIVIDUAL • S.C. Code Ann. § 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. § 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.I.I. is found to be incapacitated based on mental illness, “mental deficiency,” “mental defect,” 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. § 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. § 23-31-1040(A). FORM #530GC (08/2021) 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, 62-5-70, 23-31-1040D STATE OF SOUTH CAROLINA ) COUNTY OF ________________________ ) ) IN THE MATTER OF: ) ___________________________________, ) PROBATE COURT USE ONLY an alleged incapacitated individual. ) ) ) IN THE PROBATE COURT ____________________________________, ) ) ) ) CASE NUMBER _____-GC-_____-______ PETITION FOR: (Check Appropriate Boxes) Petitioner(s), ) ) ) ) ) FINDING OF INCAPACITY APPOINTMENT OF: GUARDIAN(S) ) ) ) ) ) ) ) TEMPORARY GUARDIAN(S) (On an Emergency or Temporary Basis) SUCCESSOR GUARDIAN(S) ORDER RATIFYING AN EXISTING HEALTH CARE POWER OF ATTORNEY _____________________________________, Respondent(s).* ) ) *You must include the alleged incapacitated individual (A.I.I.) as a Respondent. 1. Information about Petitioner(s): Petitioner(s): __________________________________________________________________________________ Address(es): __________________________________________________________________________________ Telephone (preferred): ________________________ Telephone (secondary): _______________________________ Email: __________________________________________________________________________________________ Relationship to A.I.I. or proceeding: _______________________________________________________________ 2. Information about A.I.I.: A.I.I. Full Legal Name (include all known names): ___________________________________________________ Date of Birth: _________________________ Last 4 digits of Social Security #: XXX-XX-__________________ Address: ________________________________________________________________________________________ This address is a: Private Home Facility Other (specify): ___________________________________ Telephone (preferred): ________________________ Telephone (secondary): ________________________________ Email: __________________________________________________________________________________________ Hair Color: ___________________ Eye Color: _____________________________________________ Height: _________________________ Weight: _____________________________________________ 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. The Petitioner has the burden of showing why guardianship is needed if the A.I.I. has a HCPOA. FORM #530GC (08/2021) 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, 62-5-70, 23-31-1040D 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. 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 §§ 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: Year of Birth: **If deceased, a certified death certificate is required. Children of A.I.I.: Full Legal Name Year of Birth Full Address See attached for additional children (check if applicable). (IF REQUIRED) Living Parents of A.I.I.: Full Legal Name Year of Birth Full Address FORM #530GC (08/2021) Page 5 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, 62-5-70, 23-31-1040D (IF REQUIRED) Closest Living Adult Relative(s) of A.I.I. – use additional paper if needed: Name: Address: Relationship to A.I.I.: 7.Information about any other interested parties such as a Guardian, Conservator, Trustee, representative payee, agent under a general durable power of attorney, or a health care agent under a health care power of attorney. Name Relation to A.I.I. Full Address 8.Rights and Powers of the A.I.I. (See § 62-5-304A.) (If you are the A.I.I. in this matter, you should be prepared to defend the assertion that any of the following rights should be removed; however, the burden is on the Petitioner to show why.) Do you believe the A.I.I. should retain the following rights to: A.Make decisions about health care and medical treatment? YES NO B.Choose a physician? YES NO C.Make end-of-life decisions? YES NO D.Authorize disclosure of confidential information? YES NO E.Choose where to live? YES NO F.Participate in social and religious activities? YES NO G.Vote? YES NO H.Consent to or refuse educational services? YES NO I.Contract for marriage (i.e., get married)? YES NO J.File for divorce? YES NO K.Travel independently? YES NO L.Be employed without consent of a Guardian? YES NO M.Operate a vehicle? YES NO N.Pay his or her bills? YES NO O.Enter into contracts? YES NO P.Bring or defend a lawsuit? YES NO Q.Make gifts? YES NO If you answered NO to any of the above-listed rights, please explain: _____________________________________________________________________________________________ 9.Any other rights and powers not specifically stated here that the Court should address: _____________________________________________________________________________________________ 10. Please note any of the rights in Question 8 you believe should be given to the Guardian (vested in the Guardian) to exercise on behalf of the incapacitated individual and/or for which the written consent of the Guardian should be obtained prior to exercising such right. Some rights, such as voting, cannot be given to the Guardian. _____________________________________________________________________________________________ 11.Authority to Make Decisions About Health Care, Medical Treatment, and Placement for the A.I.I.: A.Why do you believe the A.I.I. needs a Guardian/Successor Guardian/Temporary Guardian to provide continuing care and supervision? Provide a brief description of the nature and extent of the alleged incapacity. (See 62-5-403(B)(6)). _________________________________________________________________________________ __________________________________________________________________________________________ FORM #530GC (08/2021) Page 6 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, 62-5-70, 23-31-1040D B.Is there a less restrictive alternative? If so, please explain. __________________________________________________________________________________________ C.In what ways is the A.I.I. able to provide for health, education, maintenance, and support for himself/herself and his or her dependents? _________________________________________________________________________________________ D.Is it necessary to hold any type of emergency or temporary proceeding to protect the physical person of the A.I.I., to make immediate decisions concerning health care or medical treatment, or is the appointment of a temporary Guardian necessary before a final hearing can be held on this Summons and Petition? (If seeking emergency or temporary relief, use Form #512GC or Form #513GC.) NO. YES. If yes, please explain: __________________________________________________________________________________________ E.Why does the A.I.I. need a Guardian to give consents or approvals that may be necessary to enable the A.I.I. to receive medical or other professional care, counsel, treatment? __________________________________________________________________________________________ F.What does the A.I.I. need for care, assistance, protection, or supervision on a daily basis? __________________________________________________________________________________________ G.Has a Guardian appointed by a will accepted such appointment? NO. YES. If yes, please explain and provide a copy of the will. ____________________________________________________________________________________________ H.I request the appointment of (if someone other than Petitioner): Name: Address: Preferred Phone: Email: Relationship to A.I.I.: I.Priority of appointment for the proposed Guardian (Petitioner or person(s) named in11H., above): A previously appointed Guardian or his/her nominee; Person nominated to serve as Guardian by the A.I.I., if A.I.I. has sufficient mental capacity to make a reasoned choice; An agent designated in a recorded Power of Attorney whose authority includes powers relating to the care of the A.I.I. or his/her nominee; Spouse of the A.I.I. or person nominated as testamentary Guardian in the probated will of the spouse or their nominee; Adult child of the A.I.I. or their nominee; Parent of the A.I.I. or person nominated as testamentary Guardian in the probated will of the parent or his/her nominee; Closest adult relative to the A.I.I. (specify relationship) ; FORM #530GC (08/2021) Page 7 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, 62-5-70, 23-31-1040D Person with whom A.I.I. resides (does not include health care facility, group home, homeless shelter, prison); Person nominated by a heath care facility caring for the A.I.I.; or Other (specify): . J. What does the A.I.I. own? Real property - Address: ______________________________________________________________ Vehicle - Make/Model/Value: ___________________________________________________________ Bank Account - Bank and current balance: ________________________________________________ Monthly Income – Source and amount: ___________________________________________________ Other: _____________________________________________________________________________ VERIFICATION The Petitioner, being sworn, states: That the facts set forth in the foregoing Petition are true to the best of the Petitioner’s knowledge, information, and belief. SWORN to me this day of , 20___ Signature of Petitioner: _________________________ Printed Name: _________________________ Signature: _________________________________ Address: _________________________ Printed Name of Notary: ______________________ _________________________ Preferred Telephone: _________________________ Notary Public for State of: _____________________ Secondary Telephone: _________________________ My commission expires: ______________________ Email: _________________________ SWORN to me this day of , 20___ Signature of Co-Petitioner: ______________________ Printed Name: _______________________ Signature: _________________________________ Address: _______________________ Printed Name of Notary: ______________________ _______________________ Preferred Telephone: _______________________ Notary Public for State of: _____________________ Secondary Telephone: _______________________ My commission expires: ______________________ Email: _______________________ This section is to be signed by the individual(s) nominated to serve in one of the roles listed below. QUALIFICATION AND STATEMENT OF ACCEPTANCE I agree to serve as appointed and to perform the duties and discharge the trust of the office of (check the applicable choices): Guardian(s); Successor Guardian; or Temporary Guardian Executed this day of , 20 . Signature: ________________________________ Printed Name: ________________________________ Signature: ________________________________ Printed Name: ________________________________ FORM #524GC (01/2019) 62-5-303A, 62-5-303B, 62-5-403A, 62-5-403B 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-_____-______ Petitioner(s), ) vs. ) NOTICE OF RIGHT TO COUNSEL _____________________________________, ) Respondent(s). ) You, the alleged incapacitated individual, have the right to choose your own attorney to represent you in the above matter. If a notice of appearance by your own attorney has not been received by the Court within fifteen (15) days from the filing of the proof of service in this matter, the court will appoint an attorney for you. Executed this day of , 20 . Signature: Print Name: Address: Preferred Telephone: Secondary Telephone: Email: Attorney Signature: Print Name: Firm Name: Bar Number: Address: Telephone: Email: Attorney for: Note: This form must be served on the Alleged Incapacitated Individual, along with your Summons and Petition.