In South Carolina, the Probate Court appoints a Guardian and/or Conservator to make decisions for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or other causes. It must affect the disabled person to the extent that the individual lacks the understanding or capacity to make responsible decisions concerning his/her property or person.

Guardianship

In South Carolina, the Probate Court appoints a Guardian to make personal care decisions for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or other causes. It must affect the disabled person to the extent that the individual lacks the understanding or capacity to make responsible decisions concerning his/her property or person.

The responsibilities of the Guardian include, but are not limited to, deciding where the protected person will live and making provisions for the care, comfort, and maintenance of the ward, including medical and health care decisions.  Liabilities of a Guardian are another significant concern. In many cases, a Guardian may be responsible for the actions of a protected person if the Guardian has authority to control the activities or behavior.  

Conservatorship

The Probate Court can also appoint a Conservator to make financial decisions or manage property for an incapacitated adult or minor. The Probate Court must first determine that there is money or property that requires such management or that there is need for protection that cannot be provided otherwise. The responsibilities of the Conservator are to manage and protect the property and report to the Probate Court on the assets, receipts, and disbursements of the estate.