South Carolina Code 62-5-303. Procedure for court appointment of a guardian; summons and petition
(B) The petition shall set forth, to the extent known or reasonably ascertainable, the following information:
Terms Used In South Carolina Code 62-5-303
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Summons: Another word for subpoena used by the criminal justice system.
(1) interest of the petitioner;
(2) name, age, current address, and contact information of the alleged incapacitated individual, who must be designated as a respondent;
(3) physical location of the alleged incapacitated individual during the six-month period immediately preceding the filing of the summons and petition; and, if the alleged incapacitated individual was not physically present in South Carolina for that period, sufficient information upon which the court may make a determination that it has initial jurisdiction pursuant to § 62-5-707;
(4) to the extent known and reasonably ascertainable, the names and addresses of the following persons, who must be designated as corespondents:
(a) the alleged incapacitated individual’s spouse and adult children; or, if none, his parents; or, if none, at least one of his adult relatives within the nearest degree of kinship;
(b) a person known to have been appointed as agent for the alleged incapacitated individual under a general durable power of attorney or health care power of attorney;
(c) a person who has equal or greater priority for appointment pursuant to § 62-5-308 as the person whose appointment is sought in the petition; and
(d) a person, other than an unrelated employee or health care worker, who is known or reasonably ascertainable by the petitioner to have materially participated in caring for the alleged incapacitated individual within the six-month period preceding the filing of the petition;
(5) name and address of the proposed guardian and the basis of his priority for appointment;
(6) reasons why a guardianship is necessary, including why less restrictive alternatives are not available or appropriate, and a brief description of the nature and extent of the alleged incapacity;
(7) a statement of any rights that a petitioner is requesting be removed from the alleged incapacitated individual, any restrictions to be placed on the alleged incapacitated individual, and any restrictions sought to be imposed on the guardian’s powers and duties; and
(8) to the extent known and reasonably ascertainable, a general statement of the alleged incapacitated individual’s assets, with an estimate of value, and the source and amount of any income of the alleged incapacitated individual.
(C) A person may initiate guardianship proceedings by filing a summons and petition for guardianship of a minor child up to one hundred eighty days prior to the date the child reaches the age of eighteen if the petitioner anticipates the minor child will require a guardian upon attaining the age of eighteen. The court has jurisdiction over the proceedings in this subsection beginning one hundred eighty days prior to the date the child reaches the age of eighteen. The minor shall be provided all due process rights conferred upon an alleged incapacitated individual pursuant to this chapter including, but not limited to, the appointment of an attorney and a guardian ad litem. An order appointing a guardian pursuant to this subsection shall be issued upon the minor’s eighteenth birthday or as soon thereafter as possible.