Conservatorship and Guardianship
Our firm frequently represents clients seeking guardianship and conservatorship of older or disabled relatives who can no longer manage their personal or financial affairs. We also help family members fulfil their responsibilities in either or both of these roles. With the assistance of social workers and medical professionals, we help the family assess the older or disabled relative's medical, emotional, legal, and financial needs and make appropriate plans for treatment, care, and payment of care expenses.
When a person is unable to handle his or her personal or financial affairs, it may be necessary to establish a guardianship and/or conservatorship through the Probate Court for the protection of that person and his/her assets.
Click here for FAQs concerning Conservatorships and Guardianships.
Guardianship
In South Carolina, a guardianship appoints an individual to make personal care decisions for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or other causes. It must affect the disabled person to the extent that the individual lacks the understanding or capacity to make responsible decisions concerning his/her property or person.
Guardianships in the Probate Court only involve incapacitated adults. Guardianships for minors fall under the jurisdiction of the Family Court.
The responsibilities of the guardian include, but are not limited to, deciding where the protected person will live and making provisions for the care, comfort, and maintenance of the ward, including medical and health care decisions. Liabilities of a guardian are another significant concern. In many cases, a guardian may be responsible for actions of a protected person if the guardian has authority to control the activities or behavior.
Conservatorship
A conservatorship appoints an individual to make financial decisions or manage property for an incapacitated adult or minor. The court must first determine that there is money or property that requires such management or that there is a need for protection that cannot be provided otherwise.
The responsibilities of the conservator are to manage and protect the property and report to the court on the assets, receipts, and disbursements of the estate.
In some cases, there will be both a Guardianship and a Conservatorship for an incapacitated adult. In many states, both of these appointments are called "guardianship," and the representative may be called "guardian of the estate" (which is essentially the same as our conservatorship) or "guardian of the person" (which is similar to our guardianship).
This website is designed for general information only and should not be construed to be legal advice or the formation of a lawyer/client relationship. You should consult a qualified attorney for individual advice regarding your own situation.