South Carolina Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a South Carolina court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on S.C. Code Title 62, Article 5 (Protection of Persons Under Disability and Their Property)

By Settled Estate EditorialPublished: June 28, 2026Updated: June 10, 2026

What guardianship and conservatorship mean here

South Carolina draws a sharp line between two roles, both handled by the Probate Court. A GUARDIAN is responsible for the incapacitated person (the 'ward') - residence, care, and personal/medical decisions (Part 3, 62-5-301 et seq.). A CONSERVATOR is responsible for the incapacitated person's ESTATE - money, property, and financial affairs (Part 4, 62-5-401 et seq.). A single person may serve as both, but each role is appointed under its own petition and standard.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of an Incapacitated Person

Appointed by the Probate Court to make personal and medical decisions for an adult adjudicated incapacitated, including decisions about residence, care, and rehabilitation. The guardian does NOT manage the ward's property unless also appointed conservator.

S.C. Code 62-5-301 et seq.

Conservator (Protection of the Estate)

Appointed by the Probate Court to manage the property and financial affairs of a person who cannot manage their own estate due to incapacity, confinement, detention by a foreign power, or disappearance, or for a minor who owns property requiring management.

S.C. Code 62-5-401, 62-5-410

Limited Guardianship

The court may limit a guardian's powers and create a limited guardianship, removing only the specific rights the individual cannot exercise. The incapacitated individual retains all rights not removed. Limitations are endorsed on the guardian's letters of appointment.

S.C. Code 62-5-304

More guardianship types2 additional arrangements courts use in specific situations, with statute cites

Guardian of a Minor

Appointed for a minor whose parents are deceased or whose parental rights have been terminated or suspended. A parent may nominate a guardian for a minor child by will or other signed writing.

S.C. Code 62-5-201 through 62-5-204

Emergency / Temporary Guardian or Conservator

Appointed on an expedited basis when an incapacitated individual faces immediate and irreparable harm to person or property and there is no other person with authority to act.

S.C. Code 62-5-108

The South Carolina guardianship court process

1File Summons and Petition in Probate CourtAny person interested in the welfare of the alleged incapacitated individual may file a summons and petition in the Probate Court of the county where the individual resides or is present.

Any person interested in the welfare of the alleged incapacitated individual may file a summons and petition in the Probate Court of the county where the individual resides or is present. The petition must state the reasons guardianship (and/or conservatorship) is necessary, including why less restrictive alternatives are not available or appropriate, and the nature and extent of the alleged incapacity (62-5-303).

2Service and Notice of Right to CounselThe petitioner serves the summons, petition, and a notice of the right to counsel on the alleged incapacitated individual and interested parties.

The petitioner serves the summons, petition, and a notice of the right to counsel on the alleged incapacitated individual and interested parties. Service must be completed within 120 days or the action may be dismissed (62-5-303(A)).

3Appointment of Counsel, Guardian ad Litem, and ExaminerIf the individual has not retained counsel within 15 days after proof of service, the court appoints counsel.

If the individual has not retained counsel within 15 days after proof of service, the court appoints counsel. Within 30 days after proof of service, the court appoints a guardian ad litem and an examiner. The examiner must be a physician or nurse practitioner, or at the court's discretion a physician assistant or psychologist; a second examiner may be appointed (62-5-303(B)).

4Examination and ReportsThe examiner evaluates the alleged incapacitated individual and reports on the nature and extent of incapacity.

The examiner evaluates the alleged incapacitated individual and reports on the nature and extent of incapacity. The guardian ad litem investigates and reports to the court on the individual's best interest and the appropriateness of less restrictive alternatives (62-5-106).

5Hearing and AdjudicationThe court holds a hearing.

The court holds a hearing. The alleged incapacitated individual has the right to be present, to counsel, to present evidence, to cross-examine witnesses, and to a jury trial in certain cases. Incapacity must be proven by clear and convincing evidence (62-5-304).

6Appointment of Guardian and/or ConservatorIf the court finds incapacity by clear and convincing evidence and that no less restrictive alternative is appropriate, it appoints a guardian (person) and/or conservator (estate), using the least restrictive form.

If the court finds incapacity by clear and convincing evidence and that no less restrictive alternative is appropriate, it appoints a guardian (person) and/or conservator (estate), using the least restrictive form. The court may create a limited guardianship and endorse the limitations on the letters of appointment (62-5-304, 62-5-308).

How long it takes

Emergency/temporary appointments: days to a few weeks. A standard guardianship or conservatorship runs on statutory clocks (15 days for counsel, 30 days for guardian ad litem/examiner, up to 120 days to complete service) and commonly takes roughly 2 to 4 months from filing to appointment. Reporting obligations then continue for the life of the guardianship/conservatorship.

Alternatives to consider before guardianship

Durable Power of Attorney

A competent adult may name an agent for financial and legal decisions that survives incapacity. Established while the person has capacity, it avoids the need for a conservatorship over financial matters. Note: after the principal's incapacity the agent may act only if the POA is recorded as a deed in the principal's county.

S.C. Code Title 62, Article 8 (62-8-104, 62-8-109)

Health Care Power of Attorney

Allows a competent adult to name an agent for medical decisions effective during periods of mental incompetence, avoiding the need for a guardian to make health care decisions.

S.C. Code 62-5-504

Declaration of a Desire for a Natural Death (Living Will)

Directs the withholding or withdrawal of life-sustaining procedures in terminal or permanently unconscious conditions, addressing end-of-life wishes without a guardian.

S.C. Code Title 44, Chapter 77

Adult Health Care Consent Act Surrogate

Allows family members in a statutory priority order to consent to health care for a patient unable to consent, without a formal guardianship, when no agent under an HCPA is available.

S.C. Code Title 44, Chapter 66

Supported Decision-Making / Less Restrictive Alternatives

South Carolina law defines a 'less restrictive alternative' as support and assistance that maximizes the individual's self-determination and autonomy in lieu of guardianship or conservatorship. Petitioners must explain why such alternatives are not available or appropriate before a guardian or conservator is appointed.

S.C. Code 62-5-101, 62-5-303

Trust / Revocable Living Trust

Assets placed in trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated.

S.C. Code Title 62, Article 7 (South Carolina Trust Code)

Representative Payee

Appointed by the Social Security Administration to manage Social Security or VA benefits only; limited to those federal benefits.

42 U.S.C. 405(j)

Emergency guardianship and planning ahead

Emergency guardianship: A temporary order issued after notice expires six months from the date of issuance. Relief may be continued by further order on a showing that the conditions still exist; an emergency order issued without notice is short-term and a hearing must be set quickly. Authority: S.C. Code 62-5-108.

Naming a guardian in advance: South Carolina does not use a separate stand-alone 'preneed guardian' declaration statute like Florida's. Instead, a competent adult may NOMINATE a guardian (and a parent may nominate a guardian for a minor child) by will or other signed writing, and a person who later petitions can name themselves under the agent-under-POA or nominee priority. Under 62-5-308, a guardian or conservator nominated by the individual (while mentally capable) or by the individual's agent under a durable power of attorney has high priority for appointment, which the court generally honors absent good cause.

Guardianship costs

Court filing fee: $150 in probate court (statewide).
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in South Carolina?

What are the alternatives to guardianship in South Carolina?

Less restrictive alternatives in South Carolina include Durable Power of Attorney, Health Care Power of Attorney, Declaration of a Desire for a Natural Death (Living Will), Adult Health Care Consent Act Surrogate. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the South Carolina guardianship process take?

Do I need a lawyer to file for guardianship in South Carolina?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some South Carolina courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in South Carolina: what is the difference?

Statutes and sourcesOfficial references used for this page

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Settled Estate is not a law firm and does not give legal advice.

Information current as of June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Carolina can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.