Guardianship & Conservatorship

Guardianship and conservatorship are typically grouped within the same category but serve very different purposes. Both involve someone being appointed to make decisions over someone’s (otherwise known as a ward) behalf. It’s important to know what each one stands for and what they accomplish so you can better understand which one works best for your situation.

Guardianship

Guardianship involves someone assuming personal and custodial matters for their ward. In South Carolina, a guardian is determined to be a person appointed by the court as someone who will make decisions regarding the ward’s health, education, maintenance, and support. Guardians may be present to protect the assets of someone who is deemed to be vulnerable and may be appointed if there is sufficient evidence that someone lacks the needed mental/physical capacity in at least some areas of their lives. Guardians are responsible for arranging housing and care for the ward and will be responsible for critical decisions regarding that person’s wellbeing. 

Conservatorship

Conservatorship involves someone assuming responsibility for the management of their ward’s financial and/or estate matters if that person is deemed incapable to do so. Conservators are tasked with managing and caring for the assets for their ward while providing reports to the court regarding the status of the assets. There is a bond placed over conservators to ensure that their duties are carried out in an appropriate manner. In South Carolina, this bond is equal to the value of the estate, plus the expected income the estate is estimated to earn within 1 year.

Both are excellent options to protect important assets for someone who is incapacitated and has no other means of obtaining assistance, but it is important to proceed cautiously. Guardianship and conservatorship have their differences but both share one main idea in common: it is necessary to ensure that someone responsible is in the selected role. Someone that can be responsible and reliable at all times needs to fulfill these roles, so verifying that this is the person intending to be appointed as either a conservator or guardian is crucial to protect their intended ward. 

Get the proper legal assistance you need to protect what matters: Contact Rivertown Law today to schedule a consultation with one of our attorneys that will work diligently and effectively on your conservatorship/guardianship case.