Guardianship Attorney South Carolina
Understanding Guardianships in South Carolina
A guardianship is a legal arrangement that allows someone (the “guardian”) to make important personal and healthcare decisions for another adult or minor (the “ward”) who is unable to make those decisions on their own. In South Carolina, guardianships are most commonly established for elderly parents with dementia, adults with disabilities, or minors whose parents are deceased or incapacitated.
Guardianship vs. Conservatorship in SC
South Carolina distinguishes between guardianship and conservatorship:
- Guardianship: Covers personal, healthcare, and daily living decisions for someone who cannot manage their own care.
- Conservatorship: Involves authority over the person’s finances and property. Learn more about conservatorships here.
Sometimes, both a guardian and a conservator are needed, depending on the individual’s needs.
Common Situations Requiring Guardianship
- An adult child seeks guardianship of an aging parent with dementia
- A family member needs to care for a special needs adult turning 18
- A relative or close friend becomes guardian for a minor child whose parents have died or are unable to care for them
If you are concerned about a loved one’s capacity to care for themselves, a guardianship may be necessary to ensure their safety and well-being.
The Legal Process for Establishing Guardianship in South Carolina
Establishing guardianship is a serious legal step, and the court’s goal is to protect the rights and dignity of the individual.
File a Petition
Begin by filing a petition for guardianship with the probate court in the county where the incapacitated person lives.
Medical Evaluation
The court requires a physician’s report or similar evidence of incapacity.
Court Hearing
The judge will hear evidence and may speak with the proposed ward, family members, and professionals.
Appointment and Reporting
If guardianship is granted, the court will issue an order and the guardian will have ongoing reporting duties to the court.
Alternatives and Planning Ahead
Sometimes, guardianship can be avoided if proper planning documents are in place, such as a Durable Power of Attorney or Healthcare Power of Attorney. See our Powers of Attorney page for details.
Frequently Asked Questions
How to get guardianship of an elderly parent in SC?
File a petition in probate court, provide evidence of incapacity (such as a doctor’s letter), and attend a court hearing.
What is the difference between guardianship and conservatorship in SC?
Guardianship covers personal/healthcare decisions; conservatorship covers financial/property matters.
Do I need a lawyer for guardianship in South Carolina?
While not required, having an attorney makes the process much smoother and ensures your loved one’s interests are protected.
Can I nominate a guardian for my minor child in my will?
Yes, and doing so is an important part of any estate plan. Learn about estate planning here.