Are There Alternatives To Guardianships Or Conservatorships?

Yes, there are alternatives to guardianships and conservatorships. A durable power of attorney and healthcare power of attorney are alternatives. Both of these alternatives must be executed by the person initiating the authorization while able to make the decision. Generally, guardianships or conservatorships are granted by a court after an individual can no longer make his or her own choices.

What Is The Difference Between Guardianship And Conservatorship?

A guardian has control over the body of another person, where that person lives, the doctors he or she goes to, and the care that individual needs. A conservator has control over a person’s assets, such as bank accounts and bill payments.

Does A Person Have To Be Mentally Incompetent To Have A Guardian Or a Conservator?

No, a person does not have to be mentally incompetent to have a guardian or conservator. If an individual is physically impaired, he or she may need the assistance of both a guardian and a conservator.

What Requirements Have To Be Satisfied before A Guardian Or A Conservator Is Appointed For An Incapacitated Person?

A qualified professional, such as a doctor, must declare a person incompetent. Further inquiry is made into the person applying to be the guardian or conservator. A judge will decide whether the applicant will act in the best interest of the person needing the guardian or conservator.

Can A Guardianship Or A Conservatorship Be Started On An Emergency Basis?

In rare circumstances, a guardianship or conservatorship can be initiated. In case of an emergency, a hospital or professional such as a doctor or home care worker can submit this request to the court.

Are There Differences Between Powers Of Attorney And Court Appointments Such As Guardianships And Conservatorships?

There are only a few differences. In general, guardians, conservators, and powers of attorney have a fiduciary duty to provide the best care to the person they are assisting. A significant difference between them is the fact that the power of attorney agent does not have to file reports with the court. Guardians and conservators have to file periodic reports with the court detailing all accounts.

How Long Does It Take To Establish A Conservatorship Or Guardianship?

In South Carolina, the timeline is generally one to three months. However, it can take longer, depending on the court process.

For more information on Guardianships & Conservatorships In SC, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.

Office Location

11 McGee Street
Greenville, SC 29601

Phone: (864) 271-7940
Fax: (864) 370-3413
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