The Guardianship and Conservatorship Division of the Saluda County Probate Court oversees the court-appointed Guardian to ensure that the incapacitated adult is being taken care of. This could include medical needs, rehabilitation needs, and assistance with daily living needs. The Division also oversees the court-appointed Conservator to ensure that the assets of the incapacitated adult or minor are being managed properly.

Guardianship- A guardianship for an adult is a legal relationship where a court appoints a responsible person or organization (a guardian) to make decisions and care for an incapacitated adult who can no longer manage their own personal, medical, or financial affairs. A Guardian handles personal and custodial matters for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority. A Guardian must decide where the person will live and make provisions for his/her care, comfort and maintenance, including mental and health care decisions. A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. 

A guardianship for a minor is determined in Family Court and is NOT a Probate Court matter.

Conservatorship- A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate. No expenditures can occur without a written Court order. If you are appointed Conservator by the Court, it will be your responsibility to dutifully handle the financial situation of the protected person as stipulated by the Court.

Bond- A bond insures that the conservator carries out his duties faithfully and appropriately. The bond is based on the total value of the protected person's personal property excluding real estate.

How do I know if Saluda County is the appropriate place to file the petition?

The law specifies where the proceedings are to take place and this is called venue. The venue for guardianship proceedings is in the county where the incapacitated person presently resides or where the person is physically present.

How do I know if I need to establish a Guardianship or Conservatorship?

If you know someone who, because of a disability, can no longer manage their money or make decisions about their personal or medical care, that person may need a court-appointed Guardian or Conservator. In the case of a minor, a Conservator must be appointed in certain cases when the minor is entitled to receive a sum of money from an insurance settlement, inheritance, etc.

Where do I start and how much does it cost?

Contact an attorney who practices in the Probate Court. Lawyer's fees can vary depending on the circumstances and complexity of the case. A lawyer must also be appointed to represent the allegedly incapacitated adult.

Who would be an appropriate Guardian?

An immediate family member, such as spouse, adult child, parent or sibling, would be an ideal Guardian. If there are no immediate family members, then the Court will look to other relatives or interested individuals, such as a neighbor or friend of the incapacitated adult. Under certain circumstances, the Court may look into the possibility of appointing a 3rd party Guardian.

Who would be an appropriate Conservator?

An immediate family member, such as a spouse, adult child, parent, or adult sibling, would be an ideal Conservator. If there are no immediate family members, then the Court will look to other relatives or interested individuals, such as a neighbor or friend of the incapacitated adult or minor. The need for financial or legal expertise may lead the Court to look for corporate entities, accountants or lawyers to serve in this capacity.

Why an attorney is appointed as Counsel and why is one needed in this proceeding?

The law requires that the alleged incapacitated individual have their legal counsel for these proceedings. This person is responsible for representing and advocating for the alleged incapacitated individual in this action.

What if I die or can no longer be the Guardian or Conservator?

A Special Conservator or Guardian may be appointed by the Court in such emergency situations. You may not "quit" as Guardian or Conservator, but you may have someone else petition the Court to be appointed Successor Guardian or Conservator of the protected person.

How does the death of the protected person effect the Guardianship or Conservatorship?

The Guardian or Conservator will be discharged. The Personal Representative of the estate will then take over the management of the financial affairs from the Conservator.

When are Protective Proceedings NOT necessary?

• If a Health Care Power of Attorney exists, a Guardianship may be avoided. 
• If a patient is able to consent to care under the Adult Health Care Consent Act, a Guardianship may not be necessary. 
• A Conservatorship may not be necessary if the adult's only cash asset is a monthly Social Security check.
• If the adult's only asset, other than monthly Social Security checks, is real property and no changes are proposed for the property at this time.
• If a Durable Power of Attorney exists, a Conservatorship may be avoided.

If you have any questions about these instructions, please contact 
Associate Judge, Vickie Beard-Hall at v.hall@saludacounty.sc.gov or 864-445-4500 Ext. 2220

PROBATE FORMS ARE AVAILABLE ONLINE AT: https://www.sccourts.org/court-forms/

PLEASE NOTE - The Probate Staff is NOT allowed to give legal advice.