When a person becomes unable to manage their own affairs due to incapacity, it's crucial to ensure they are properly cared for and their assets are managed responsibly. This is where the Form 540PC steps in within the legal landscape of South Carolina. Designed for use in probate court, this form is a vital document for initiating the process of appointing a conservator for minors or adults adjudged incapacitated. The conservatorship proceeding aims to safeguard the welfare and finances of those who cannot do so themselves due to various reasons, including but not limited to, mental incapacity, disability, or youth. Through detailed sections, the form requires petitioners to outline their relationship to the incapacitated person, provide extensive information about the person in need, including family details, assets, and the justification for the conservatorship. Moreover, it takes into account the wishes of the individual in question, provided they are capable of making such decisions, preferences for who should assume the conservator role, and mandates statutory notification of relevant parties. Thus, Form 540PC serves as a foundational step in the structured legal process designed to protect individuals' rights and manage their affairs with integrity and in their best interest.
| Question | Answer |
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| Form Name | Form 540Pc |
| Form Length | 3 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 45 sec |
| Other names | south carolina probate form 540pc, E-mail, foregoing, form 540pc |
STATE OF SOUTH CAROLINA |
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IN THE PROBATE COURT |
COUNTY OF: _____________________________ |
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IN THE MATTER OF: __________________________ |
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CASE NUMBER: _________________________________ |
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PETITION FOR: |
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ADULT |
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PROTECTIVE ORDER |
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APPOINTMENT OF CONSERVATOR |
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Respondent(s) |
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Petitioner: ________________________________________________________________________________________
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, the
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DOES NOT have a Will
To my knowledge, the
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DOES NOT have a Power of Attorney
3. Venue for this proceeding is proper in this county because the above minor/alleged incapacitated person:
resides in this county
does not reside in this county but has property in this county
4.The name and address of the above person’s guardian, if any, is:
5.Information
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(use additional sheet if necessary) |
FORM #540PC (4/13) |
Page 1 of 3 |
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6.The following is a general statement of the property, assets, and income of the above person, together with an estimate of the value thereof: (A full inventory, Form #550PC, shall be completed and filed with the Court within thirty days of appointment.)
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7.The appointment of a conservator for the above person is necessary because (state reasons justifying appointment):
8.I request the appointment of:
Name:
Address:
Telephone (O):
Telephone (H):
Email:
whose priority for appointment as conservator for the above person is as follows:
fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the minor/alleged incapacitated person resides
individual or corporation nominated by the minor/alleged incapacitated person (if fourteen or more years of age and deemed mentally capable of making such a choice)
adult child of protected person
parent of protected person or person nominated by Will of deceased parent other relative of protected person
(specify):
person nominated by the person who is caring for protected person or paying benefits to him/her nominated by one with priority to serve in his/her stead (specify):
other (specify):
9. The following persons are required by statute to be given notice of the time and place of hearing on this Petition:
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FORM #540PC (4/13) |
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10.I request that the Court set a time and place of hearing on this Petition; that the Court determine that the above person is a person for whom appointment of a conservator is proper; that the Court appoint __________ as the conservator for the above minor/incapacitated person; and, that Letters of Conservatorship be issued to
the conservator.
Executed this ________ day of_______, 20________.
Signature:
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 |
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Notary Public for South Carolina |
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My Commission Expires: |
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QUALIFICATION AND STATEMENT OF ACCEPTANCE
I accept this appointment and agree to perform the duties and discharge the trust of the office of Conservator of the conservatorship of
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Executed this _________ day of ___________, 20___________. |
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SWORN to before me this |
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Notary Public for South Carolina |
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My Commission Expires: |
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Telephone (O): |
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Signature:
Name:
Address:
Telephone (O):
Telephone (H):
FORM #540PC (4/13) |
Page 3 of 3 |