Guardianships & Conservatorships
General Info...
In the State of South Carolina, a
guardianship involves the
appointment of an individual (a guardian) to handle personal and custodial
matters for an incapacitated person (ward). The incapacity may be mental
deficiency, mental illness, physical illness or disability, advanced age,
chronic use of alcohol or drugs, or other cause (except minority, guardianships
for minors are under the jurisdiction of the Family Court) to the extent the
individual lacks sufficient understanding or capacity to make or communicate
responsible decisions concerning his person or property. The primary
responsibilities of a guardian are to decide where the ward will live and make
provisions for the ward's care, comfort and maintenance, including medical and
health care decisions.
A conservatorship or other
protected proceeding involves the management of financial affairs or property.
Conservatorships may be established for an incapacitated person or for a minor.
In every case, the court must determine that there is money or property, which
requires management or protection, which cannot otherwise be provided. The
primary responsibilities of a conservator are to manage and protect the property
and to report periodically to the court about the assets, receipts and
disbursements of the estate.
In some cases, there will be both a guardianship and conservatorship for the
incapacitated person. All guardianships and conservatorships are under court
supervision. It is the court's responsibility to make certain that the
guardianship and conservatorship are functioning in the best interests of the
protected person. It is the guardian's and conservator's responsibility to
follow the court's instructions and to always act in the best interest of the
protected person.
Due to the legal complexity of setting up a Guardianship, Conservatorship, or both, the services of an attorney will be necessary.
Cherokee County Probate Court. All rights reserved.
Last
Revised: 09/16/04.