Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer: Steps to Seek Guardianship or Conservatorship in South Carolina
Under South Carolina law, a guardian makes personal and healthcare decisions for an incapacitated adult, while a conservator manages that person’s financial affairs. You must file your petition in the probate court of the county where the proposed ward resides. Key steps include:
- Prepare and File a Petition. Draft a petition naming the proposed ward and the person you ask the court to appoint as guardian or conservator. Include facts showing the ward’s incapacity and the reasons protective oversight is needed. See SC Code Ann. § 62-5-401 (Chapter 5, Part 4).
- Obtain a Medical or Psychological Evaluation. Attach a report from a licensed physician or psychologist, completed within 90 days of filing, certifying the ward’s inability to manage personal or financial affairs. See SC Code Ann. § 62-5-501 (Chapter 5, Part 5).
- Serve Notice. Provide written notice of the petition and hearing date to the proposed ward, their spouse, adult children, parents, and siblings by registered mail or personal service at least 15 days before the hearing. See SC Code Ann. § 62-5-502 (Chapter 5, Part 5).
- Attend the Court Hearing. The Probate Court will hold a hearing where the ward has the right to counsel, to present evidence, and to cross-examine witnesses. The court evaluates whether the ward meets the statutory definition of incapacity and whether the proposed guardian or conservator is appropriate. See SC Code Ann. § 62-5-503 (Chapter 5, Part 5).
- Court’s Decision and Appointment. If the court finds incapacity, it issues an order appointing a guardian, conservator, or both. Letters of guardianship or letters of appointment provide legal authority to act on the ward’s behalf. See SC Code Ann. § 62-5-507 (Chapter 5, Part 5).
- Ongoing Duties and Reporting. The appointed guardian or conservator must file an annual report of the ward’s condition and a financial accounting with the court. The court may require interim reports. See SC Code Ann. § 62-5-607 (Chapter 5, Part 6).
Key Requirements
- The proposed guardian or conservator must be a resident of South Carolina or a qualified corporate fiduciary.
- The ward has the right to attend the hearing and to have an attorney represent them, at public expense if they cannot afford one.
- The court prefers the least restrictive arrangement, such as a limited guardianship or conservatorship tailored to the ward’s specific needs.
Helpful Hints
- Gather medical records and statements from treating professionals early to support the petition.
- Identify all close relatives; South Carolina law prioritizes notice and gives them an opportunity to object.
- Consider alternatives like durable powers of attorney or advance directives if the ward has some capacity.
- Keep detailed financial records to simplify annual accounting and avoid court disputes.
- Consult a South Carolina probate attorney to ensure compliance with local court rules and procedures.