South Carolina Guardianship Court Forms: The Complete List for Probate Filing

Where to Get the Forms

All guardianship forms are published by the South Carolina Judicial Department. The official source is sccourts.org/forms, where forms are available as free PDF downloads. Individual county probate court websites sometimes host copies as well, but the state judiciary site is the authoritative source with the most current versions.

Do not pay for these forms. Multiple legal-form websites charge $15–$50 for documents that are free from the state. The forms below are all available at no cost from the court system.

The Filing Sequence

Here are the forms in the order you'll typically encounter them during an adult guardianship proceeding:

Form SCCA 401PC — Probate Court Summons

The generic probate court summons that initiates any adversarial proceeding. This is filed alongside the petition to formally begin the case and trigger the service-of-process requirements.

Form 530GC — Petition for Finding of Incapacity and Appointment of Guardian

The core filing. This petition asks the probate court to:

1. Find the individual incapacitated
2. Appoint a guardian for the person

The form requires the petitioner to describe their relationship to the individual, explain the nature of the alleged incapacity, state why guardianship is necessary, explain why less restrictive alternatives are insufficient, and estimate the value of the individual's assets and income.

Filing fee: $150 (standard across all South Carolina counties).

Form 520GC — Dual Petition for Guardianship and Conservatorship

Use this instead of Form 530GC when you need both a guardian (personal decisions) and a conservator (financial decisions) appointed in the same proceeding. Filing the dual petition avoids two separate filing fees.

Form 524GC — Notice of Right to Counsel

This notice must be served on the alleged incapacitated individual along with the summons and petition. It informs them of their statutory right to have an attorney represent them in the proceeding. If the individual doesn't retain their own attorney within 15 days after proof of service is filed, the court will appoint independent counsel.

Form 528GC — Guardian ad Litem Appointment

The court uses this form to appoint a Guardian ad Litem (GAL) within 30 days after proof of service is filed. The GAL investigates the individual's circumstances and submits a written best-interests report to the court. The GAL's fee is paid by the petitioner.

Form 539GC — Examiner Report and Affidavit Regarding Capacity

This is completed by the court-appointed medical examiner — a licensed physician or psychologist who evaluates the individual's cognitive and adaptive abilities. The form documents the etiology of the disability, its prognosis, and its specific impact on decision-making capacity.

The completed Form 539GC must be filed with the court within 48 hours of the scheduled hearing date to ensure the clinical evidence is current.

Form 534GC — Guardian Annual Report

After a guardian is appointed, this is the annual reporting form. The guardian must file it at least once per year, documenting the ward's physical condition, current residence, educational progress, and any medical treatments. This obligation continues for the life of the guardianship.

Form 583GC-A — Application for Relief

Used after guardianship is established if someone wants to modify the guardian's powers, replace the guardian, or restore the individual's capacity. Any interested party — including the ward — can file this application.

Form 341 — Fiduciary Bond

Required only when a conservator is appointed. The bond must equal 105% of the sum of the protected person's non-real-estate personal property and estimated annual income. The bond must be renewed annually.

The Critical Filing Timeline

If using the 180-day pre-filing provision under § 62-5-303(C) (filing before the individual turns 18):

1. 180 days before 18th birthday: File Form 530GC (or 520GC) + Summons + pay $150 fee + submit SLED background check ($25)
2. Within 120 days of filing: Complete service of process on the individual and co-respondents, including Form 524GC
3. 15 days after proof of service: If the individual hasn't retained counsel, the court appoints independent counsel
4. 30 days after proof of service: Court appoints the Guardian ad Litem (Form 528GC)
5. 48 hours before hearing: Form 539GC (examiner report) must be filed
6. At the hearing: Court evaluates all evidence and issues its order

The goal of the 180-day window is for the appointment to take effect on the 18th birthday, preventing any gap in legal authority.

What the Forms Do Not Cover

The court forms handle the guardianship and conservatorship process. They do not address less restrictive alternatives like:

• Educational delegation under the Consent Act (that form comes from the South Carolina Department of Education)
• Health Care Power of Attorney (the statutory form is in § 62-5-504, not in the court form system)
• Supported Decision-Making agreements (no standard form — these are private documents)

The South Carolina Adult Guardianship & Alternatives Guide covers both the court forms and the non-court instruments, with a decision framework for determining which path fits your family's situation.

See more South Carolina guides →