If an individual becomes unable to handle his or her personal or financial affairs, it may be necessary to seek a guardianship and/or conservatorship through the Probate Court to protect the individual’s health and his or her assets.
The Probate Court handles matters related to the estates and physical care of persons that require protection on account of physical or mental illness or deterioration.
Click here for reference to the South Carolina Probate Code.
A guardianship proceeding is a formal proceeding under the South Carolina Probate Code to determine if a person is an incapacitated person, or to appoint a guardian for an incapacitated person.
The Court may appoint a conservator if an individual is substantially unable to manage property and affairs effectively, if the individual has property which will be wasted or dissipated unless proper management is provided, or if funds are needed for the support, care, and welfare of the person and protection is necessary obtain or provide funds.