How to File Legal Guardianship Forms in South Carolina: Form 530GC

To file for legal guardianship in South Carolina, you download Form 530GC from the South Carolina Judicial Branch website, complete it with the detailed information the statute requires, and file it in the Probate Court of the county where the alleged incapacitated adult has been living. One thing to sort out before you start: the Probate Court only handles guardianship of incapacitated adults. Guardianship of a minor’s person is a Family Court matter, and if that is what you need, the forms below are not the right ones.

Where to Download the Forms

The South Carolina Judicial Branch hosts every probate court form as a free PDF or Word download.¹ Filter the list by “Probate Court” and pull the ones that fit your situation:

Form 530GC — Petition for Finding of Incapacity and/or Appointment of Guardian. This is the mandatory petition for adult guardianship.
Form 520GC — Dual Petition for Appointment of Conservator and Guardian, used when you also need authority over the person’s finances.
Form 512GC — Notice of and Motion for Emergency Relief.
Form 513GC — Notice of and Motion for Temporary Relief.
Form 521GC — Plan of Care for Ward.
Form 534GC — Guardian Report, filed annually after appointment.
Form 571GC — Petition for Discharge, used when the guardianship ends.

If you would rather have paper copies, the Probate Court in your county will provide them at the counter. Clerks can hand you the forms and answer questions about where to file, but they cannot advise you on how to complete the petition or whether guardianship is the right choice. South Carolina Legal Services helps eligible individuals with the paperwork, and some county bar associations run pro bono clinics that walk petitioners through the process.

What Form 530GC Requires

Section 62-5-303 sets out what the petition must contain, to the extent the information is known or reasonably ascertainable.² You cannot leave the hard parts blank and expect the court to sort them out:

Your interest in the case and your relationship to the respondent.
The respondent’s full name, age, current address, and contact information.
Where the respondent has been physically located during the six months before filing. If they were not in South Carolina the whole time, you must give the court enough to establish jurisdiction.
Names and addresses of corespondents: the respondent’s spouse and adult children, or their parents if none, or at least one adult relative of the nearest degree if none of those. Also anyone holding power of attorney and any non-family caregiver materially involved in the respondent’s care during the prior six months.
The name and address of the person you nominate as guardian, and the basis for their priority.
A description of the incapacity and an explanation of why less restrictive alternatives, like an existing power of attorney or a supported decision-making arrangement, will not work.
The specific rights you are asking the court to remove from the respondent and the specific restrictions you want placed on the guardian’s authority.
A general statement of the respondent’s assets, estimated value, and sources of income.

The rights piece surprises people. South Carolina does not grant blanket authority to guardians. The judge decides case by case which rights transfer and which the ward keeps, and your petition has to name what you are asking for.³ Any right the order does not specifically remove stays with the ward, and the guardian’s letters will be endorsed with any limitations the court imposes.

Filing Fees and What Else It Costs

The filing fee is tied to the fee for civil actions in circuit court. Expect roughly $150, with variation between counties once local assessments are added. A dual petition for guardian and conservator may carry separate costs.

If you cannot afford the fee, the Probate Court can waive it using the same indigency standard applied in other civil cases.⁴ Ask the clerk for the fee waiver form when you file.

The filing fee is the smallest part of the cost. The court will appoint a guardian ad litem, and it may appoint examiners; those professionals charge for their time. Contested cases add attorney fees on top. Plan for the full picture, not just the counter fee.

Who Must Be Served

Everyone listed as a corespondent in the petition gets formal notice. The respondent also receives notice, along with a written notification of their right to counsel.⁵ Personal service or certified mail is the usual method. If you cannot locate a required party after reasonable effort, the court may allow publication in a local newspaper.

Proof of service must be filed before the case moves forward, because the court will not appoint a guardian ad litem for the respondent until it has proof of service on the respondent in hand. If any party might be on active military duty, federal law requires the court to verify military status before entering a default order, and the Defense Manpower Data Center runs an online status check.

The Hearing and the Standard of Proof

Within 30 days of proof of service on the respondent, the court appoints a guardian ad litem to investigate and report.⁵ The court then schedules a hearing.

The burden is on the petitioner. A guardian will only be appointed if clear and convincing evidence shows the individual is incapacitated and the guardianship is necessary for their continuing care.³ The “necessary” element is where petitions often fail. If a workable power of attorney already exists, or if a less restrictive support arrangement would meet the person’s needs, the court can deny the petition.

The respondent has the right to attend, see all evidence, present witnesses, and cross-examine yours. Contested guardianships look and function like a trial. The court is required to encourage maximum self-reliance and only impose restrictions to the extent the incapacity actually requires, so a well-prepared petition explains why each requested power is needed and why narrower measures will not work. The court can appoint co-guardians when that serves the ward’s best interests, though the combined compensation cannot exceed what a single guardian would have received.

When You Cannot Wait: Emergency and Temporary Petitions

South Carolina has two expedited tracks, and they are not interchangeable.

Emergency Relief Without Prior Notice

An emergency order can be entered before the other side is notified, but only on a showing that waiting for notice would cause immediate and irreparable harm. You file a summons, a verified petition, a motion for emergency relief (Form 512GC), and a physician or nurse practitioner affidavit based on an examination within the prior 30 days.⁶ Motions to appoint counsel and a guardian ad litem for the respondent go in at the same time. If emergency relief is granted, a hearing follows within 10 days.

Temporary Relief With Notice

Temporary orders (Form 513GC) require proof of service on the respondent, their counsel, the guardian ad litem, and the other parties before the court will act. The medical affidavit must rest on an examination within the prior 45 days. The hearing cannot be held fewer than 10 days after service. A temporary guardianship, if granted, lasts no more than six months unless the court says otherwise.⁶

After You Are Appointed

Appointment starts a set of ongoing obligations that petitioners often underestimate.

Every court-appointed guardian files a written annual report with the Probate Court using Form 534GC, and must keep the court informed of the ward’s physical location and current contact details.⁷ Failure to file can lead to removal. You remain the guardian until the court formally discharges you. If the ward dies, notify the Probate Court immediately and file a Petition for Discharge (Form 571GC) with proof of death.

If you were appointed as conservator as well, the financial reporting is heavier: a financial plan, regular accountings, and sometimes a bond or a restricted account.

Two federal steps often catch new guardians off guard. The Social Security Administration does not recognize state guardianship orders as authority over a beneficiary’s Social Security payments. To manage the ward’s Social Security or SSI, you have to apply separately to be their representative payee using Form SSA-11, which involves a face-to-face interview and a background check.⁸ And if you have legal authority over the ward’s financial or tax matters, file IRS Form 56 to put the IRS on notice of the fiduciary relationship so tax correspondence comes to you.⁹

1
South Carolina Judicial Branch. Court Forms
2
South Carolina Legislature. South Carolina Code Section 62-5-303 – Procedure for Court Appointment of a Guardian of an Incapacitated Person
3
South Carolina Legislature. South Carolina Code Section 62-5-304 – Order of Appointment
4
South Carolina Legislature. South Carolina Code Section 8-21-800 – Relief from Filing Fees
5
South Carolina Legislature. South Carolina Code Section 62-5-303B – Procedure for Appointment of Guardian Ad Litem
6
South Carolina Legislature. South Carolina Code Title 62 – Article 5 – Protection of Persons Under Disability and Their Property
7
South Carolina Judicial Department. FAQ from a Caregiver or Potential Guardian – Guardianship in South Carolina
8
Social Security Administration. POMS GN 00502.115 – The SSA-11-BK, Request to be Selected As Payee
9
Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship