STATE OF SOUTH CAROLINA
IN THE PROBATE COURT
COUNTY OF AIKEN
IN THE MATTER OF:
HELEN MARJORIE SLOAN
PETITION
CASE NO. 91-GC-C2-00006
CREIGHTON WESLEY SLOAN,
Petitioner
NOW COMES the Petitioner who will respectfully show and allege:
1. That both he and the alleged incompetent are residents of and domiciled in Aiken County, South Carolina,
2. That the Petitioner is the son of HELEN MARJORIE SLOAN, an eighty (80) year old woman who presently resides in the Petitioner's home since she is unable to care for herself in her own home.
3. That for the past several years, HELEN MARJORIE SLOAN has suffered from a deteriorating mental condition which has resulted in the loss of her short term memory, caused confusion, caused her a loss of orientation as to place and time and placed her in a position of not being able to care for herself or make intelligent business decisions concerning her business affairs. Accordingly, Petitioner is informed and believes that HELEN MARJORIE SLOAN should be adjudged by this Court as being incompetent and the Petitioner, CREIGHTON WESLEY SLOAN, should be appointed as a Conservator for his mother.
4. That a Petition for the appointment of the Petitioner as Conservator and Guardian for HELEN MARJORIE SLOAN, on a permanent basis, is being filed simultaneously with this Petition. However, the Petitioner has become aware of an immediate need to be named Conservator for his mother on a temporary basis in order for him to deal with Social Security, Medicare, and the Virginia State Employee's Pension Fund. Until his appointment, checks are being diverted to the Petitioner's brother who, Petitioner is informed and believes, is converting the monies rightfully belonging to HELEN MARJORIE SLOAN to his own use and benefit.
5. That time is of the essence in securing the necessary authorization of this Court to empower a Conservator to deal with these governmental agencies and prevent the further diversion of funds by the Petitioner's brother in Virginia. Accordingly, the Petitioner is informed and believes that the Court should appoint the Petitioner as temporary Conservator for his mother, HELEN MARJORIE SLOAN, in order to have the requisite capacity to deal with these governmental agencies on behalf of his mother pending a hearing on the merits and permanent appointment as Conservator.
6. That the Petitioner is also simultaneously filing a Petition for the appointment of the Petitioner as Guardian for the person of HELEN MARJORIE SLOAN and for the Court to determine what is in the best interest of HELEN MARJORIE SLOAN in terms of her placement and care.
WHEREFORE, Petitioner prays that the Court inquire into the matters set forth herein and issue its Order appointing the Petitioner as temporary Conservator of the estate and assets of HELEN MARJORIE SLOAN pending a hearing on the merits of the Petition for permanent appointment, to appoint the said Petitioner as temporary Guardian of the person of HELEN MARJORIE SLOAN pending a hearing on the merits and, in connection with the Petition for Appointment of Guardian, to appoint a Visitor as prescribed under applicable statutes to inquire into the care being given to the said HELEN MARJORIE SLOAN and to make his or her report to the Court with recommendations for what would be in the best interest of the said HELEN MARJORIE SLOAN in terms of her placement and care, and for such other and further relief as this Court may deem just and proper.
HENDERSON & SALLEY
By:
William H. Tucker
Attorneys for Petitioner
Aiken, SC
January 16th, 1991
ORDER
UPON reading the foregoing Petition of CREIGHTON WESLEY SLOAN and conducting a diligent inquiry into the circumstances surrounding this Petition, the Court finds as follows:
(1) That sufficient exigent circumstances exist to warrant the appointment of CREIGHTON WESLEY SLOAN, the natural son of HELEN MARJORIE SLOAN, as temporary Conservator for the estate and assets of the said HELEN MARJORIE SLOAN in order to deal with appropriate governmental authorities and prevent a further diversion of funds from the said HELEN MARJORIE SLOAN's estate.
(2) That the said CREIGHTON WESLEY SLOAN is a suitable and proper person to be appointed as temporary Guardian for the said HELEN MARJORIE SLOAN and that an investigation should be made into the care being given to HELEN MARJORIE SLOAN by a court appointed Visitor in accordance with applicable statutes.
IT IS, THEREFORE, ORDERED that CREIGHTON WESLEY SLOAN, the natural son of HELEN MARJORIE SLOAN, be and is hereby appointed as temporary Conservator of the assets and estate of the said HELEN MARJORIE SLOAN pending a hearing on the merits and final determination by this Court. It is further
ORDERED that the said CREIGHTON WESLEY SLOAN be appointed as temporary Guardian of the person of HELEN MARJORIE SLOAN pending a hearing on the merits and Visitor's report to be furnished to this Court.
AND IT IS SO ORDERED.
County
Aiken, South Carolina
January 16th, 1991