Skip Navigation

Guardianship and Conservatorship Procedures 

 

Quick Links:

Guardianship for Adult

Conservatorship for Adult

Conservatorship for Minor

S.C. Probate Court Fee Schedule

 

 Guardianship for Adult

 

1)  Petition for Appointment of Guardian (#530PC) must be filed in the Probate Court (original and one copy) with the filing fee.  Please note that the complete mailing address is required for the proposed guardian(s) which must include the apartment number or mobile home lot number.  The filing fee of $150.00 must be paid when the Petition for Incapacity/Appointment of Guardian is filed.  The check should be made to the “County of Lexington”.

 

2)  Proof of Delivery (#120PC) for Notice of Hearing to be filed.  “Notice must be served personally on the alleged incapacitated person and his/her spouse and parents if they are found within the State.”  SC Code §62-5-309(B).  In addition, notice must be given to any adult children and any person who may be serving as his/her guardian, conservator or attorney-in-fact under a Durable Power-of-Attorney.  SC Code §62-5-309A(1) & (2).  If no spouse, parents or adult children can be located, at least one of his closest adult relatives must be given notice, if any can be found.

 

3)  Order Appointing Counsel (#532PC) should be filed with signed “ACCEPTANCE” by the proposed Counsel/Guardian ad Litem.  Attendance at the hearing is required.

 

4)  Order Appointing Physician/Examiner (#533PC) must be submitted for approval.  Two examiners are required.  SC Code §62-5-303(b)

 

5)  The physician examiner should complete the Doctor’s Affidavit Regarding Capacity (#541PC).  The second examiner should complete the Examiner’s Report (#538PC).  These original reports must be received by the Court prior to the hearing.

 

6)  Order to Send Visitor (#536PC) and the Visitor’s Report (#531PC) must be completed and filed prior to the hearing. 

 

7)  Attendance of the alleged incapacitated person is required unless a Waiver of Attendance is filed by his/her Counsel/Guardian ad Litem prior to the hearing.

 

8)  Annual Report of Guardian (#564PC) must be filed annually.

 

NOTE:    THE AUTHORITY AS GUARDIAN IS NOT EFFECTIVE UNTIL THE FIDUCIARY LETTERS AND THE CERTIFICATES OF APPOINTMENT ARE ISSUED.

 

PLEASE NOTE that Guardianships for minors may only be filed in Family Court
In addition, a guardianship may not be necessary if a Heathcare Power of Attorney has previously been executed


TOP

Conservatorship for Adult

 

1)  Petition for Appointment of Conservator (#540PC) must be filed in the Probate Court (original and one copy) along with filing fee. The complete mailing address is required for the proposed conservator(s) which must include the apartment number or mobile home lot number.  Please note that the filing fee must be paid when the Petition for Appointment of Conservator is filed.  The filing fee is based upon the value of the real and personal property, as provided by state law.

 

2)  Proof of Delivery (#120PC) for Notice of Hearing to be filed.  Notice must be by personal service for the person to be protected.  In addition, notice must be given to the spouse and adult children, or, if none, his/her parents or nearest adult relatives.

S.C. Code §62-5-405.  PLEASE NOTE:  If a guardianship petition has also been filed you must comply with the additional notice requirements imposed by S.C. Code §62-5-309(B).

 

3)  Order Appointing Counsel (#532PC) should be filed with signed "ACCEPTANCE" by the proposed Counsel/Guardian ad Litem.  This person must be an attorney.

 

4)  Order Appointing Physician/Examiner (#533PC) must be submitted for approval. The original written examiner’s report must be submitted prior to the hearing.

 

5)  Fiduciary Bond (#341PC) issued by a corporate surety. 

 

6)  Attendance of the alleged incapacitated person is required unless a Waiver of Attendance is filed prior to the hearing by his/her Counsel/Guardian ad Litem.

NOTE: THE AUTHORITY AS CONSERVATOR IS NOT EFFECTIVE UNTIL THE FIDUCIARY LETTERS AND CERTIFICATES OF APPOINTMENT ARE ISSUED.

 

7)  Fiduciary Letters should be recorded in each county where real estate is owned.  A clocked/recorded copy should be filed with the Court.

 

8)  The Inventory and Appraisement (#550PC) must be filed within 30 days after the appointment of the Conservator.

 

9)  Annual Accounting (#562PC) must be filed annually.  Please note that state law mandates a filing fee of $10.00 with each accounting. 

A conservatorship may not be necessary if a Durable Power of Attorney has previously been executed.

 

TOP

Conservatorship for Minor

 

1)  Petition for Appointment of Conservator (#540PC) must be filed in the Probate Court (original and one copy) along with the filing fee.  The complete mailing address is needed for the proposed conservator(s) which must include the apartment number or mobile home lot number.  Please note that the filing fee must be paid when the Petition for Appointment of Conservator is filed.

 

2)  Proof of Delivery (#120PC) for Notice of Hearing to be filed.  Notice must be served personally on the minor.  In addition, notice must be given to the parents or other persons having care and control of the minor.  These notices must be served at least twenty days prior to the hearing.  S.C. Code §62-5-405.

 

3) A hearing cannot be held without notice to all parties delivered at least 20 days prior to hearing date.  If all parties file a waiver of the 20-day notice, the hearing may proceed.  The minor must attend the hearing unless waiver of the 20-day notice is given by his/her attorney.

 

4)  A Restricted Account Agreement executed by the proposed conservator and the financial institution’s authorized officer/agent. Please note that the completed agreement must include the financial institution’s name, address and telephone number.  The original agreement (do not execute a faxed or photocopy) must also be filed in Probate Court.  The information in this document needs to be typed or printed.  This document will need to be filed prior to the hearing. 

NOTE:    THE AUTHORITY AS THE CONSERVATOR IS NOT EFFECTIVE UNTIL THE FIDUCIARY LETTERS AND THE CERTIFICATES OF APPOINTMENT ARE ISSUED. 

 

5)  The Inventory and Appraisement (#550PC) must be filed within 30 days after the appointment of the Conservator.  A confirmation of the deposit into the account listed on the Inventory will also need to be provided to the Court.

 

6)  Fiduciary Letters must be recorded in each county where real estate is owned. A clocked/recorded should be filed with the Probate Court.

 

7)  Annual Accounting (#562PC) must be filed annually.  Please note that state law mandates a filing fee of $10.00 with each accounting.

 

TOP

S.C. Probate Court Fee Schedule

 

The filing fee for the conservatorship is the same as the estate fee schedule.  The filing fee is paid when the Petition for Conservatorship is filed.  The fee is based on the value of personal and real property owned.

             

The fee schedule was enacted into law by the legislature and signed by the Governor with an effective date of August 15, 1994.

            

A check or money order for the filing fee should be made payable to the  

“County of Lexington”.

 

 assets  filing fee
$0.00 - $4,999.00 $25.00
$5,000.00 - $19,999.000 $45.00
$20,000.00 - $59,999.00 $67.50
$60,000.00 - $99,999.00 $95.00
$100,000.00 - $599,999.00 $95.00 plus .0015 over $100,000
$600,000.00 - Unlimited Same as above plus .0025 over $600,000

 

TOP

Lexington County Seal