FORM #537GC (01/2019) 62-5-303, 62-5-407 STATE OF SOUTH CAROLINA ) ) COUNTY OF ) ) ) IN THE MATTER OF: ) PROBATE COURT USE ONLY , ) ) IN THE PROBATE COURT an alleged incapacitated individual ) ) CASE NUMBER - GC - - ) ) PROBATE COURT GUIDELINES FOR ) REPORTS BY APPOINTED EXAMINER GUARDIANSHIP CONSERVATORSHIP PROTECTIVE PROCEEDING A petition has been filed with the Probate Court for appointment of a guardian, conservator, or the issuance of a protective order. The person nominated in the petition is seeking appointment in order to assist the alleged incapacitated individual (A.I.I.). Your role as an examiner is to help the Court determine whether and to what degree the A.I.I. is incapacitated and to assist the Court in the appointment of a guardian or conservator, or issuance of a protective order. You have been appointed because you have knowledge of the individual from a past professional relationship, you possess expertise in a desired area, or both. the Order Appointing Examiner (Form #533GC). In reviewing the definitions, please note that the standard is incapacity, and not incompetency. S.C. Code Ann. 247 62-5-407(A) of the conservatorship statutes provides: exercise its authority to encourage maximum self-reliance and independence of the protected person and issue orders only to the S.C. Code Ann. 247 62-5-304(A) of the guardianship statutes provides court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual.ncapacity may exist, and the Court must adjudicate to what extent the A.I.I. should continue to possess certain rights. After you conduct the examinations, interviews, or tests that are appropriate, submit your report to the Probate Court in written form unless directed by the Court otherwise. Please give a factual basis for your conclusions. Give any general background information, specific concerns or findings, and a prognosis where possible. You are encouraged, but not required, to attach a narrative report to your Examiner Report and Affidavit Regarding Capacity (Form #539GC). American LegalNet, Inc. www.FormsWorkFlow.com