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South Carolina
Judicial Branch
Court News ...
2018-12-19-02

The Supreme Court of South Carolina

Re: 2019 Probate Court Form Changes


ADMINISTRATIVE ORDER


The Uniform Guardianship and Protective Proceedings Act, S.C. Code Ann. §§ 8-21-800 (2019); 62-1-112, -302, -401; 62-5-101 to -716 (Supp. 2018) (effective January 1, 2019), substantially alters the Probate laws and procedures relating to guardianship and conservatorship proceedings.  Accordingly, it is necessary that certain uniform probate court forms be revised, deleted, or created.  Therefore, pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution, and upon recommendation of the Probate Court Judges Advisory Committee and the Probate Judges Association,
         
IT IS ORDERED that the attached list of fifty-nine (59) revised and new Probate Court forms, incorporated by reference, are approved for use in the probate courts effective as of January 1, 2019.  Five (5) of the forms listed (530GC, 540GC, 550GC, 575GC and 578GC) are mandated.  Mandated forms must include all language as provided on the approved forms.  All other uniform probate forms listed are designated as discretionary.  The 2019 revised forms supersede all previous versions of these forms.  Additionally, all current probate court forms relating to Guardianships and Conservatorships and referenced with PC will be modified to reference GC.

These forms, with the exception of those noted for court use only, will be available on the South Carolina Judicial Department Website at www.sccourts.org located under the Probate Court Forms link.

s/Donald W. Beatty                                   
Donald W. Beatty
Chief Justice of South Carolina

 

Columbia, South Carolina
December 19, 2018

South Carolina Probate Court Form Changes

Form Number

Form Name

 

140GC

Provisional Fiduciary Letters

(New) (Court Use Only)

510GC

Demand for Notice of Hearing in a Guardianship, Conservatorship, or Protective Proceeding

(New)

511GC

Notice of Right to Request Hearing on Temporary Consent Order

(New) (Court Use Only)

512GC

Notice of and Motion for Emergency Relief

(New)

513GC Notice of and Motion for Temporary Relief (New)
514GC Waiver by Alleged Incapacitated Individual (New)
515GC Waiver of Notice (New)
516GC Notice of Correction (New)
520GC

Dual Petition for Appointment of Guardian and Conservator (for Adult)

(New)
521GC Plan of Care for Ward (New)
522GC Physician's Affidavit for Emergency or Temporary Proceedings (New)
523GC Motion and Order for Appointment of Counsel for Emergency or Temporary Proceedings (New)
524GC Notice of Right to Counsel (New)
525GC Notice of Appearance of Counsel (New)
526GC Motion to Be Relieved as Counsel for Alleged Incapacitated Individual (New)
527GC Motion and Order for Appointment of Guardian ad Litem for Emergency or Temporary Proceedings (New)
528GC

Order Appointing Guardian ad Litem

(Revised) (Court Use Only)
529GC

Special Power of Attorney Delegating Powers of Guardian

(New)
530GC Petition for Finding of Incapacity and/or Appointment of Guardian

(Revised) (Mandatory)

531GC Guardian ad Litem Report (Revised)
532GC Order Appointing Counsel (Revised) (Court Use Only)
533GC Order Appointing Examiner (Revised) (Court Use Only)  
534GC Guardian Report

(Revised)

535GC Order for Protection or Appointment of Guardian (Revised) (Court Use Only)
536PC Order to Send Visitor

(Deleted)

537GC Probate Court Guidelines for Reports by Appointed Examiner (Revised)
538PC Examiner's Report

(Deleted)

539GC

Examiner Report and Affidavit Regarding Capacity

(New)
540GC Petition for Protective Order and/or Appointment of Conservator for an Adult (Revised) (Mandatory)
541PC Doctor's Affidavit Regarding Capacity

(Deleted)

542GC

Application (Informal) / Petition (Formal) for Protective Order and/or Appointment of Conservator for a Minor

(New)
543GC Conservator Contract (New)
544GC

Affidavit of Conservator Regarding Bond

(New)

545GC Order for Protection and Appointment of Conservator for an Adult (Revised) (Court Use Only)
546GC Order for Protection or Appointment of Conservator for a Minor (New) (Court Use Only)
547GC Joint Protective Order and Order Appointing Guardian (New) (Court Use Only)
549GC Renunciation/Nomination for Guardian and/or Conservator; Acceptance of Service

(New)

550GC Inventory and Appraisement (Conservator)

(Revised) (Mandatory)

554GC Application for Use of Deceased Ward's Funds

(New)

555GC Accounting of Deceased Ward's Funds

(New)

556GC Statement of Creditor's Claim

(New)

557GC Notice of Allowance/Disallowance of Claim

(New)

558GC Petition for Allowance of Claim

(New)

559GC Release/Satisfaction of Claim

(New)

560PC Conservator Annual Accounting Cover Form (Deleted)
561PC

Conservator Annual Accounting Long Form

(Deleted)
562PC Conservator Annual Accounting Short Form (Deleted)
564PC Annual Report of Tangible and Real Assets (Deleted)
565GC Guidelines for Preparing Financial Plan of Conservator (New)
566GC Financial Plan of Conservator (New)
567GC-LF Conservator Report - Long Form (New)
567GC-SF Conservator Report - Short Form (New)
568GC Conservator Report for a Minor (New)
571GC Petition for Formal Relief (Revised)
575GC Petition for Transfer of Guardianship and/or Adult Conservatorship from South Carolina to Receiving State (Revised) (Mandatory)
576GC Provisional Order to Accept Guardianship and/or Conservatorship from Sending State

(Revised) (Court Use Only)

577GC Final Order Accepting Guardianship or Conservatorship in South Carolina from Sending State

(Revised) (Court Use Only)

578GC Petition Requesting South Carolina Accept Guardianship/Conservatorship from Sending State (Revised) (Mandatory)
579GC Provisional Order to Transfer Guardianship and/or Conservatorship from South Carolina to Receiving State (Revised) (Court Use Only)
580GC Final Order Confirming Transfer to Receiving State and Terminating Guardianship or Conservatorship in South Carolina (Revised) (Court Use Only)
581GC Application for Registration and Recognition of Guardianship and/or Conservatorship Order(s) from Another State (New)
582GC Certificate of Registration (New) (Court Use Only)
583GC-A Application for Relief (Guardianship) (New)
583GC-B Application for Relief (Conservatorship) (New)
SCCA401PC Summons (Revised)
SCCA405PC Motion and Affidavit to Proceed In Forma Pauperis (New)