When families face the challenging situation of advocating for a loved one who can't make decisions for themselves, the 530Pc form serves as a crucial legal tool. This form is the first step in a process that navigates the complex terrain of appointing a guardian or successor guardian for an alleged incapacitated person. It meticulously gathers background information about the person in question—spanning from basic identifiers like name, age, and address, to the more intricate details of their present health care directives, living wills, and familial relations. Moreover, the form delves into the petitioner's connection to the alleged incapacitated person, their beliefs on the necessity of guardianship, and the specifics of the incapacity itself, painting a comprehensive picture for the court. Through sections designated for explicating the desired scope of guardianship and the emergency requisites for a temporary guardian, the form equips petitioners to articulate both the immediate and long-term needs of their loved ones. Additionally, it outlines the procedural steps for setting a court hearing and methodically lists the statutory requirements for notice. With verifications and statements of acceptance included, the form is a thorough record that propels the legal process forward, aiming to safeguard the well-being of those who cannot fend for themselves.
| Question | Answer |
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| Form Name | Form 530Pc |
| Form Length | 4 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min |
| Other names | South_Carolina, consents, PETITIONERS, 530PC |
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IN THE PROBATE COURT |
COUNTY OF: ___________________________ |
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IN THE MATTER OF : _______________________
(Alleged Incapacitated Person)
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CASE NUMBER: _______________________________________ |
PETITIONER |
PETITION FOR: |
vs.
_______________________________________
_______________________________________
RESPONDENT
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
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To my knowledge, above named To my knowledge, above named
DOES DOES
DOES NOT have a Health Care Power of Attorney.
DOES NOT have a Living Will (Declaration of a Desire for a Natural Death.)
3.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.
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Relationship to |
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Alleged |
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Incapacitated |
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Person |
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(use additional sheet if necessary)
FORM #530PC (9/11) |
Page 1 of 4 |
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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. |
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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:
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?
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YES If yes, please explain. |
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5.I request the appointment of:
Name:
Address:
Telephone (O):
(H):
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
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):
FORM #530PC (9/11) |
Page 2 of 4 |
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.
2.
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; that the Court appoint ____________ as the Guardian for the above person; and, that Letters of Guardianship
be issued to the guardian.
3.The following persons are required by statute to be given notice of the time and place of hearing on this Petition: (SCPC
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VERIFICATION
The undersigned, being sworn states: That the facts set forth in the foregoing statement are true to the best of the undersigned’s knowledge, information and belief.
SWORN to before me this |
day of 20____ |
Signature: |
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Name: |
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Notary Public for South Carolina |
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Attorney: |
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FORM #530PC (9/11) |
Page 3 of 4 |
________________________________________________________________________________________________
QUALIFICATION AND STATEMENT OF ACCEPTANCE
I accept this appointment and agree to perform the duties and discharge the trust of the office of Guardian of the incapacitated person of ________________________________________________________________________.
Sworn to before me this __________ day of 20_____ |
Signature: |
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Name: |
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Notary Public for South Carolina |
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My Commission Expires: |
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Telephone (H): |
FORM #530PC (9/11) |
Page 4 of 4 |