Conservatorship South Carolina
What Is a Conservatorship in South Carolina?
A conservatorship is a court-approved legal arrangement that allows someone (the “conservator”) to manage the finances and property of an individual (the “protected person”) who cannot do so themselves, usually due to mental incapacity, illness, or disability. Conservatorships focus on financial decisions, while guardianships cover personal and healthcare choices. Many families require both, depending on the person’s needs.
Learn more about the difference between conservatorship and guardianship here.
When Is a Conservatorship Needed?
A conservatorship may be necessary when:
- An elderly parent is unable to pay bills, manage investments, or is at risk of financial exploitation
- An adult with a disability receives an inheritance or settlement but cannot handle the funds responsibly
- A minor inherits assets or life insurance proceeds above a certain amount (in SC, minors may need a conservator for significant assets)
- There is no valid durable power of attorney in place and the person cannot make sound financial decisions
Warning signs: Unpaid bills, confusion about money, susceptibility to scams, or unexplained changes in finances.
The Process for Appointing a Conservator in South Carolina
The court’s oversight helps protect vulnerable individuals from financial abuse or mismanagement.
File a Petition
Submit a petition for conservatorship to the probate court in the county where the person lives.
Medical Evidence
Provide documentation (such as a physician’s statement) showing the person’s incapacity.
Court Hearing
The judge considers evidence and hears from family members, the proposed conservator, and sometimes the protected person.
Bond Requirement
The court usually requires the conservator to post a bond as insurance for proper handling of assets.
Inventory and Accounting
The conservator must file an inventory of the person’s assets and submit annual accountings to the court, detailing all income, expenses, and distributions.
Alternatives and Planning Ahead
A well-prepared durable power of attorney (POA) for finances can often prevent the need for a conservatorship if completed while the individual still has capacity.
See our Powers of Attorney page for more on this proactive planning option.
Frequently Asked Questions
How to get conservatorship in SC?
File a petition in probate court, provide medical evidence of incapacity, and attend a court hearing.
What does a conservator do in South Carolina?
Manages the protected person’s assets, pays bills, invests funds, files taxes, and reports to the court.
What is the difference between conservatorship and guardianship in SC?
Conservatorship covers finances and property; guardianship covers personal care and healthcare decisions.
Do I need a lawyer for conservatorship in South Carolina?
While not strictly required, having an attorney is highly recommended to navigate legal requirements, avoid mistakes, and protect your loved one’s interests.