Guardianship and Conservatorship to South Carolina residents
The Goodwyn Law Firm in Columbia, SC is experienced in both Guardianship and Conservatorship. We understand at times it is important to protect an individual’s personal and financial well being if they are not able to protect themselves. We have assisted many families in securing guardianship or conservatorship for their family members. We can help you through the necessary court procedures to get you appointed as guardian and/or conservator of your loved one. To determine whether a guardianship or conservatorship is appropriate in your situation, contact our experienced law attorney. In addition to matters involving guardianships and conservatorships, our South Carolina attorneys can provide legal assistance with estate planning and Wills/Trusts.
What is Guardianship?
A guardianship is a legal proceeding in which someone is legally appointed to supervise and provide physical care for a person who is incapable of acting for himself or herself because of age, incapacity or disability. The legal guardian is responsible providing or arranging for physical care including shelter, education and medical care. The purpose of a guardianship is to ensure continuing care is provided for persons who are incapable of providing their own care. Under South Carolina law a guardian can be appointed for a minor (someone under 18 years of age) or an adult who is incapable of providing for their own physical needs. Guardianship is the available alternative when there is no current power of attorney in place that specifically authorizes another to handle the physical care needs of the person.
A guardian is appointed for an adult when the court determines the adult is in need of protection as a result of advanced age, dementia, physical or mental impairment. A general statement of the procedure for appointment of a guardian is set forth below.
A minor (a person under 18 years of age) may require appointment of a guardian if the parents are unavailable to authorize care and provide for the physical needs of the minor. The guardianship continues until the minor reaches 18 years of age or is otherwise terminated by the court.
What is Conservatorship?
In South Carolina, a conservator is a person appointed by the court to preserve the finances and make financial decisions for a minor with assets or an adult who is incapable of handling his or her own financial affairs. A conservatorship may be appropriate for a minor (a person under 18 years of age) or an adult and requires court proceedings similar to those for a guardianship. A general statement of the procedure for appointment of a conservator is below.
Procedure to appoint a guardian or conservator
Before appointment of a guardian or conservator for an adult can be completed, a written medical opinion must be provided to the court setting forth the medical condition and the reasons a guardian is needed. The guardianship or conservatorship proceeding (for a minor or adult) requires a court hearing. Evidence is presented as to the need for the guardian or conservator, the qualifications of the person who is to be appointed guardian and, if the proceeding involves appointment for an adult, the written report of a court appointed investigator who will conduct interviews of the person to be appointed guardian or conservator, the person who is in need of the guardian or conservator and others as the court investigator determines. The court may appoint a court investigator in a petition for appointment of guardian or conservator of a minor under certain circumstances. The court will also appoint an attorney to represent an adult person who is in need of a guardian or conservator unless the person has an attorney of his or her own choosing. The court may appoint an attorney for a minor under certain circumstances.