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 |
|
(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 |
|
(Revised) (Court Use Only) | ||
529GC |
|
(New) | ||
530GC | Petition for Finding of Incapacity and/or Appointment of Guardian |
|
||
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 |
|
||
535GC | Order for Protection or Appointment of Guardian | (Revised) (Court Use Only) | ||
536PC | Order to Send Visitor |
|
||
537GC | Probate Court Guidelines for Reports by Appointed Examiner | (Revised) | ||
538PC | Examiner's Report |
|
||
539GC |
|
(New) | ||
540GC | Petition for Protective Order and/or Appointment of Conservator for an Adult | (Revised) (Mandatory) | ||
541PC | Doctor's Affidavit Regarding Capacity |
|
||
542GC |
|
(New) | ||
543GC | Conservator Contract | (New) | ||
544GC |
|
|
||
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 |
|
||
550GC | Inventory and Appraisement (Conservator) |
|
||
554GC | Application for Use of Deceased Ward's Funds |
|
||
555GC | Accounting of Deceased Ward's Funds |
|
||
556GC | Statement of Creditor's Claim |
|
||
557GC | Notice of Allowance/Disallowance of Claim |
|
||
558GC | Petition for Allowance of Claim |
|
||
559GC | Release/Satisfaction of Claim |
|
||
560PC | Conservator Annual Accounting Cover Form | (Deleted) | ||
561PC |
|
(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 |
|
||
577GC | Final Order Accepting Guardianship or Conservatorship in South Carolina from Sending State |
|
||
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) | ||