Summons (And Petition For Appointment Of Guardian And Conservator) {520GC}

SCCA 401PC (01/2019) Page 1 of 10 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 #520GC (01/2019) Page 2 of 10 62-1-302, 62-5-107, 62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-305 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-404, 62-5-405, 62-5-407, 62-5-410 62-5-411, 62-5-412, 62-5-413, 62-5-414, 62-5-701 INSTRUCTION SHEET FOR FORM #520GC DUAL PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR (FOR ADULT) This Dual Petition is intended to be used when a Petitioner is seeking the appointment of both a Guardian and Conservator for an alleged incapacitated individual (A.I.I.). The following actions may be requested and considered with the filing of the attached Petition: Finding of Incapacity The Petitioner may be seeking to have the A.I.I. found to be incapacitated for the purpose of a protective proceeding, appointment of a Guardian, appointment of a Conservator, or the appointment of both a Guardian and a Conservator. This is determined by the court based on 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. If authority is needed to manage financial affairs, please read below for available options and check the appropriate box(es) in the Petition: PROTECTIVE ORDER - Can be used to establish incapacity, allow for appointment of a Special Conservator, establish a Special Needs Trust, or to have a Durable Power of Attorney for business and/or financial affairs ratified by the Court. APPOINTMENT OF SPECIAL CONSERVATOR - Can be used to request appointment of an individual or professional fiduciary to complete specific tasks within a specific period of time. APPOINTMENT OF CONSERVATOR (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 fiduciary and, if needed, appointment of a Conservator on a temporary basis before the permanent appointment can be made. APPOINTMENT OF SUCCESSOR CONSERVATOR - Can be used to request appointment of a successor to the permanent Conservator. If authority is needed to make decisions regarding the physical person of an individual and his/her health care, please read below for available options and check the appropriate box 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 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 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. 247 62-5-301 of the 1987 Code versus the changes to S.C. Code Ann. 247 62-5-301 enacted by the 2017 amendments.) Rights and Powers of the Alleged Incapacitated Individual S.C. Code Ann. 247247 62-5-303(B)(7) and 62-5-403(B)(7) require that the Petitioner must indicate in this Petition what rights the court is being asked to remove from the A.I.I. Those rights are stated in S.C. Code Ann. 247247 62-5-304A and 62-5-407(B). The burden of proof will be on the Petitioner to show why certain rights should be removed. impairment other than solely a physical impairment or disability, the probate court is required to report the name of the incapacitated individual to the S.C. 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 #520GC (01/2019) Page 3 of 10 62-1-302, 62-5-107, 62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-305 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-404, 62-5-405, 62-5-407, 62-5-410 62-5-411, 62-5-412, 62-5-413, 62-5-414, 62-5-701 STATE OF SOUTH CAROLINA ) COUNTY OF ) ) IN THE MATTER OF: ) , ) an alleged incapacited individual. ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT , ) ) ) CASE NUMBER - GC - - Petitioner(s), ) vs. ) , ) ) Respondent(s).* ) *You must include the alleged incapacitated individual (A.I.I.) as a Respondent. PETITION FOR (check all that apply): 1. FINDING OF INCAPACITY 2. If authority is needed to manage financial affairs, see below and check the appropriate box(es): PROTECTIVE ORDER APPOINTMENT OF SPECIAL CONSERVATOR APPOINTMENT OF CONSERVATOR APPOINTMENT OF TEMPORARY or LIMITED CONSERVATOR APPOINTMENT OF SUCCESSOR CONSERVATOR 3. If authority is needed to make decisions regarding the physical person of an individual and his/her health care, see below and check the appropriate box: APPOINTMENT OF GUARDIAN APPOINTMENT OF TEMPORARY GUARDIAN APPOINTMENT OF SUCCESSOR GUARDIAN 4. ALL PETITIONERS MUST COMPLETE THIS SECTION. A. Petitioner(s): Relationship to the A.I.I., if any, or interest in this proceeding: B. Information about A.I.I. Name: Age: Date of Birth: Last 4 digits of Social Security Number: XXX-XX- Address: City/State/Zip: Telephone: (Preferred): (Secondary): Email: The address provided for the A.I.I. is his/her: Home a Facility Other (please specify) American LegalNet, Inc. www.FormsWorkFlow.com Case Number: FORM #520GC (01/2019) Page 4 of 10 62-1-302, 62-5-107, 62-5-201, 62-5-301, 62-5-302, 62-5-303, 62-5-304, 62-5-305 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-404, 62-5-405, 62-5-407, 62-5-410 62-5-411, 62-5-412, 62-5-413, 62-5-414, 62-5-701 C. 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. D. 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 th