At Parker Law, LLC we provide solutions for the families of individuals who are no longer capable of making sound decisions about financial matters and managing their affairs. We help families and individuals faced with the tough decision of determining whether a conservatorship or guardianship may be necessary for your loved one or family member.
When your family member or loved one is incapable of handling their personal affairs, it is necessary to take the required legal action to secure their interests. You should speak with a knowledgeable and also experienced guardianship lawyer or conservatorship lawyer to aid you in the complex South Carolina legal process. Our lawyer will review your options for your specific circumstance which might include petitioning the court for a guardianship and/or conservatorship. A legal guardian has the ability to make decisions concerning the person’s daily care including medical needs and placement, while a conservator handles the individual’s financial and business affairs.
Guardianships
A guardianship is the granting of authority for one individual to make healthcare decisions on behalf of an incapacitated person. With a guardianship, legal guardians will help protect the incapacitated individual’s health and wellness and also quality of life. Our guardianship attorney will aid you in identifying your ideal strategy in addition to evaluation of an existing Power of Attorney and healthcare proxy that may be in place.
Guardianships will commonly be established for adults who are incapable of handling some or all of their affairs as a result of mental or physical capacity issues. The State of South Carolina defines this kind of person as an incapacitated individual. The term “incapacity” means the inability to effectively receive, evaluation, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance cannot: (a) meet the essential requirements for his physical health, safety, or self-care, necessitating the need for a guardian; or (b) manage his property or financial affairs or provide his support or for the support of his legal dependents, necessitating the need for a protective order.
Guardianships include an “incapacitated individual”, who is an adult incapable of managing some or every one of their personal affairs due to a mental or physical disability or handicap including:
- Special needs adults
- Senior adults as well as adults in assisting living or nursing homes
- Handicapped adults
- Adults struggling with Alzheimer’s or dementia
Conservatorship
Conservatorship is a legal arrangement that places the property of an individual, also known as a ward or protected person, under the supervision of a conservator.
A conservatorship of the estate or property transfers the following duties to the conservator:
- Organizing, gathering and safeguarding assets
- Setting up evaluations of assets
- Guarding assets and also possessions from loss, whenever possible
- Taking care of income from assets
- Making suitable payments
- Acquiring court authorization prior to any type of sale of assets
- Reporting to the court the estate’s standing periodically
Conservatorships can be temporary arrangements that are meant to safeguard an “incapacitated individual” up until he or she regains capacity.
Guardianship and Conservatorship Conflicts
The guardianship and conservatorship lawyer at Parker Law, LLC frequently represents individuals engaged in guardianship and conservatorship conflicts. The appointment of a guardian or conservator revokes or limits the life decisions of the protected individual and conflicts can develop with the protected person or a member of the family. Conflicts might occur in the guardian’s choices concerning healthcare and treatment, visitation and also placement. In conservatorship cases, disputes frequently relate to concerns regarding the use of the protected person’s assets both prior to as well as after the conservator’s appointment. If you have a guardianship or conservatorship conflict, our knowledgeable attorney will assist you in fixing the situation.
Choose a Columbia South Carolina Guardianship and Conservator Attorney
Guardianship and conservatorship matters are intricate and complicated areas of law and call for a practiced and experienced probate attorney to aid you with the proceedings with the probate court. The guardianship lawyer at the Parker Law, LLC can help. Our lawyer will:
- Explain the legal process of obtaining a guardianship or conservatorship.
- Prepare the guardianship or conservator petition and related documents.
- Represent you in hearings.
- Help you adhere to all lawful and reporting demands.
If you have a member of the family or loved one that is unable to manage their affairs, it is vital to take the needed legal action to safeguard their interests. We urge you to discuss your circumstance with the Parker Law, LLC today at 803.918.5094 to schedule a visit today.