“Who handles guardianship for my aging parent in Summerville?” The Nextdoor question, answered

First question: can Mom still sign?

Capacity to sign a power of attorney is a lower bar than people assume. A parent with early dementia who understands, on a good morning, that she is naming her daughter to handle her money and her medical decisions can usually sign valid documents. If that is your situation, the whole guardianship question may disappear with two signatures and a notary. We meet clients at home or at a facility for exactly this reason.

If she cannot: what a guardianship involves

1. A petition in probate court. Filed under South Carolina's adult protective proceedings statutes (S.C. Code Title 62, Article 5) with a physician's report on the person's condition.
2. Examiners and a guardian ad litem. The court appoints professionals to evaluate the person and report; the guardian ad litem represents the person's interests.
3. Notice to the family. Spouse, children and other close relatives receive notice and can object or ask to serve.
4. A hearing. The judge decides whether the person is incapacitated and, if so, who should serve and with what powers—often a limited guardianship tailored to the actual need.
5. Ongoing reporting. Guardians file annual reports; conservators file inventories and accountings and usually post a bond.

What it costs and how long it takes

Filing fees, examiner fees and attorney's fees together commonly run into the low thousands of dollars for an uncontested case, and two to four months from filing to hearing depending on the court's docket. Contested cases—two siblings who each want to serve, or a parent who objects—take longer and cost more. Emergency appointments are available when someone is in immediate danger.

Where the neighbors' advice goes wrong

• “Just get power of attorney” — a POA cannot be signed for someone who lacks capacity; that is what guardianship is for.
• “Add yourself to her bank account” — that makes you a joint owner, exposes the money to your creditors, and changes who inherits it.
• “The doctor can declare her incompetent” — a doctor's opinion is evidence; only the probate court can appoint a guardian.
• “Adult Protective Services will handle it” — APS investigates abuse and neglect; it does not manage a parent's finances for the family.

You will find versions of all four on Nextdoor and in r/Charleston threads. For non-legal help—home care, respite, Medicaid waiver programs—the Trident Area Agency on Aging is the right first call.

Written by Tara L. Frost, Attorney at Law · former Dorchester County Magistrate and Associate Probate Judge. Reviewed by Jack C. Frost.

Questions people ask

Related pages

• Guardianship & conservatorship

  Court-appointed decision-makers for adults who cannot manage and for minors—contested or not.

  Learn more

• Powers of attorney

  Financial and medical decision-makers, named by you and ready before a crisis.

  Learn more

• Probate courts guide

  Addresses, phones and practical notes for the three probate courts we appear in.

  Learn more