Protecting Your Loved Ones
If someone you love is unable to make decisions for themselves or act in their own best interest, you should explore appointing a Guardian and Conservator to aid them. While a Durable Power of Attorney can allow an appointed person to take financial and other actions on someone's behalf, it does not cover more advanced protections, such as preventing someone from closing or opening a bank account, giving away their money, or taking other actions likely to harm themselves. If you need to protect someone from themselves, a Guardianship or Conservatorship is the method to do so.
In South Carolina, a person, the petitioner, must file either a single petition to appoint a Guardian or Conservator. If both roles are required, a dual petition is filed. The Petitioner must show that the potential ward is an incapacitated adult and that there are no less restrictive methods to provide for their safety and care. The end result of a successful petition is a finding that someone is incapacitated and that they should no longer have specific rights and powers of adult citizens.
Guardianship
In this proceeding, the Guardian is seeking court permission to handle the non-financial personal affairs of someone else, called the Ward or Incapacitated Adult. This includes all non-financial aspects of someone's life. This power does not include full financial powers - it is limited to decisions about where someone lives, seeking medical attention, and assisting with other routine activities of daily life. It does allow the Guardian to manage financial interest if they are below a specified value.
Conservatorship
In this proceeding, the Conservator is seeking court permission to handle the financial affairs of the Ward or Incapacitated Adult. The Conservator is normally required to either post a surety bond or hold assets in restricted accounts.
