How do I petition for guardianship or conservatorship in South Carolina?
1. Terminology. South Carolina uses 'guardian' for the person and 'conservator' for the estate, for both adults and minors, under the South Carolina Probate Code.
2. Adult Guardianship. Under S.C. Code § 62-5-303, the probate court may appoint a guardian for an 'incapacitated individual' — an individual who, for reasons other than minority, is unable to effectively receive, evaluate, and respond to information or make or communicate decisions such that the individual cannot meet the essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
3. Adult Conservatorship. Under § 62-5-401, a conservator is appointed for an adult unable to manage property and business affairs.
4. Minor Guardianship/Conservatorship. Available under §§ 62-5-201 and 62-5-401 when parents are deceased, unwilling, or unable.
5. Petition. File in the probate court of the county where the respondent resides. Personal service on the respondent at least 20 days before hearing; notice to spouse, adult children, parents, siblings.
6. Court Visitor / GAL. A GAL must be appointed for the respondent (§ 62-5-303B); counsel may be appointed if requested.
7. Capacity Evaluation. Examination by a designated examiner (physician, psychologist, or other qualified professional) is required (§ 62-5-303A); clear and convincing evidence standard.
8. Hearing & Order. Respondent has rights to attend, counsel, present evidence, cross-examine witnesses, and a jury trial. Court must impose the least restrictive form of intervention.
9. Powers & Duties. Bond required for conservator (§ 62-5-411); inventory within 30 days; annual accounting; court approval for sale of real property (§ 62-5-427).
10. Alternatives. Statutory POA (S.C. Code § 62-8-101 et seq.), health care POA (§ 62-5-501 et seq.), declaration of a desire for natural death (§ 44-77-10), and adult health care consent.
11. Termination & UAGPPJA. Termination on restored capacity (§ 62-5-307), death, or minor reaching 18. South Carolina adopted UAGPPJA at S.C. Code § 62-5-700 et seq.
This is legal information, not legal advice.
- Contested probate court guardianships with disputed designated examiner reports
- Emergency guardianship for immediate harm under § 62-5-310
- Conservatorship of estates involving real property requiring court-approved sales
- S.C. Code § 62-5-101 et seq.
- S.C. Code § 62-5-303
- S.C. Code § 62-5-401
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.