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Petition For Finding Of Incapacity And-Or Appointment Of Guardian 530GC - South Carolina

Petition For Finding Of Incapacity And-Or Appointment Of Guardian Form. This is a South Carolina form and can be used in Probate Court Statewide .
 Fillable pdf Last Modified 2/21/2014
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STATE OF SOUTH CAROLINA COUNTY OF: ____________________________ IN THE MATTER OF: ______________________ (Alleged Incapacitated Person) ________________________________________ Petitioner vs. ________________________________________ ________________________________________ Respondent ) ) ) ) ) ) IN THE PROBATE COURT CASE NUMBER: _______________________________ PETITION FOR: FINDING INCAPACITY APPOINTMENT OF: GUARDIAN SUCCESSOR GUARDIAN I. ALL PETITIONERS MUST COMPLETE THIS SECTION. 1. Give your relationship to the alleged incapacitated person, if any, and your interest in this proceeding. ________________________________________________________________________________ 2. Information -- Alleged Incapacitated Person Name: Date of Birth: Address: City/State/Zip: Telephone: To my knowledge, above named To my knowledge, above named DOES DOES Age: DOES NOT have a Health Care Power of Attorney. DOES NOT have a Living Will (Declaration of a Desire for a Natural Death.) 3. Jurisdiction and Venue South Carolina has jurisdiction over the allegedly incapacitated adult because: South Carolina is the "Home State" because the allegedly incapacitated person has been physically present in South Carolina for the six month period immediately preceding the filing of this petition or for at least six consecutive months ending within the six month period immediately preceding the filing of this petition; or If the allegedly incapacitated person has not been physically present in South Carolina for that period, set forth on an additional sheet sufficient information on which the court may make a determination that it has initial jurisdiction pursuant to Section 62-5-707. Special jurisdiction is appropriate, if South Carolina does not have jurisdiction pursuant to Sections 62-5-707(1) through (3), to: (1) appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for a respondent who is physically present in this State; (2) issue a protective order with respect to real or tangible personal property located in this State; or A. FORM #530GC (10/13) 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-305 62-5-307, 62-5-309, 62-5-310, 62-5-311 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714. B. Venue for this proceeding is in this county because the alleged incapacitated person: resides in this county. is present in this county. is admitted to an institution pursuant to an order of a court of competent jurisdiction in this county. 4. Information--Family of alleged incapacitated person, including dates of birth of minors. If there are no minors, so state. Relationship to Name Date of Birth Address Alleged Incapacitated Person (use additional sheet if necessary) 5. The nature and degree of incapacity is as follows: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ II. COMPLETE THIS SECTION IF APPOINTMENT IS SOUGHT. 1. Is it your belief that the alleged incapacitated person is in need of a guardian/successor guardian as a means of providing continuing care and supervision of the person of said incapacitated person? YES NO If no, please explain. __________________________________________________________________________________ 2. The extent to which the guardian should be permitted to give consents or approvals that may be necessary to enable the alleged incapacitated person to receive medical or other professional care, counsel, treatment, or services is as follows: __________________________________________________________________________________ FORM #530GC (10/13) Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 3. The nature and extent of the care, assistance, protection, or supervision which is necessary or desirable for the alleged incapacitated person under the circumstances is as follows: __________________________________________________________________________________ 4. Has a guardian appointed by a Will accepted such appointment? NO YES If yes, please explain. __________________________________________________________________________________ 5. I request the appointment of: Name: Address: Telephone (O): (H): E-mail: whose priority for appointment as guardian for the alleged incapacitated person is as follows: a person nominated to serve as guardian by the alleged incapacitated person an attorney-in-fact appointed by the alleged incapacitated person pursuant to Section 62-5-501 spouse of the alleged incapacitated person adult child of the alleged incapacitated person parent of the alleged incapacitated person other relative of the alleged incapacitated person (specify): ____________________________ nominated by the person who is caring for the alleged incapacitated person or paying benefits to him/her Other (specify): ________________________________________________________________ 6. Is it necessary to appoint a temporary guardian for the alleged incapacitated person until a hearing can be held on this Petition? NO YES If yes, please state the emergency reasons. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ III. ALL PETITIONERS MUST COMPLETE THIS SECTION. 1. I request that the Court set a time and place of hearing on this Petition and that the Court determine that the above person is incapacitated. I request that the Court determine that the need for the appointment of a guardian is proper; and that the Court appoint ______________________ as the Guardian for the above person; and, that Letters of Guardianship be issued to the guardian. The following persons are required by statute to be given notice of the time and place of hearing on this Petition: (SCPC 5-309) 2. 3. FORM #530GC (10/13) Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Name Address Relation
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