Guardianship & Conservatorship

Guardianship proceedings are often required when a loved one has lost the physical or mental ability to care for themselves and they need assistance with daily living, such as health care decision-making, insuring the availability and administration of proper food and medications, providing for appropriate and safe living arrangements, and protecting the person from self-neglect or neglect by others.  South Carolina law provides a Guardianship process to determine if an individual is incapacitated and in need of a guardian.  A person who is unable to make decisions and provide for their own physical health, safety and self-care because of a physical or mental disability or incapacity may be incapacitated and may need a guardian. A guardian is a person who is appointed by a court to make personal decisions for a person who is incapacitated, and ensures that a person’s health, safety and welfare are provided for.  The Law Office of Deirdre W. Edmonds, PA has experience assisting families seeking the appointment of a Guardian.  We can advise you on the guardianship process and help you understand the advantages and disadvantages of this court proceeding.  We can also advise you on other options that may be available for you and your loved one, and whether there are less restrictive alternatives that should be considered, such as medical directives and durable powers of attorney.  We also advise and represent guardians regarding the scope of their responsibilities, their periodic reporting duties, matters related to court-approved actions, and to any proposed termination of the guardianship or substitution of the guardian.  Contact the Law Office of Deirdre W. Edmonds, PA for a consultation to discuss your unique situation with a loved one.  We can provide the advice and guidance to give you peace of mind and security, knowing your loved one is safe and in good hands.

Conservatorship proceedings in South Carolina are separate and distinct from guardianships.  A Conservatorship is the legal process to appoint a person, or corporation, to manage the money, property and financial affairs of an individual who, because of mental or physical disability, is unable to handle their own affairs.  The decision to pursue a conservatorship is serious, and often difficult and challenging.  It is often a painful process for families to go to Court and ask a Judge to remove the rights from a loved one and select someone else to handle his or her financial affairs.  Sometimes, there may be alternatives that should be considered and pursued before seeking the appointment of a conservator.  Sometimes there are no other options.  We encourage our clients to plan ahead, through less restrictive options such as a durable power of attorney, so this sort of decision does not fall on family members during difficult times or create animosity among them.

The Law Office of Deirdre W. Edmonds has experience guiding clients through the complicated legal process of having a Conservator appointed by the probate court. We also advise and represent conservators with regard to the scope of their responsibilities, obtaining court approval for actions that require such approval (such as the sale of major assets), a conservator’s periodic reporting duties, and matters related to the termination of the conservatorship or substitution of the conservator