Protected Persons

The Code of Laws of South Carolina 1976, Title 62 provides for the appointment of a Guardian for an adult who has been adjudicated incompetent due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property. The primary responsibility of the Guardian is to decide where the incapacitated person will live and make provisions for his care, including medical and health care decisions. An annual accounting required by the Probate Court.
A Conservator may be appointed for the incapacitated adult or for a minor child. The primary responsibility of the Conservator is to manage and protect the financial affairs or property of the ward. Any extraordinary expenditures must have court approval prior to disbursement and will be reflected on the required annual accounting submitted to the Probate Court. A bond is required to in most cases to secure the assets against mismanagement. A conservatorship for a minor child remains in place until he reaches his majority.