Frost Law Group handles guardianship and conservatorship petitions in the Dorchester, Berkeley and Charleston County probate courts, including contested cases where family members disagree about who should serve or whether the person is incapacitated. Tara L. Frost served as a Dorchester County Associate Probate Judge, where these cases are heard.
Yes. We handle guardianship of minors when parents have died, are absent or cannot care for a child, and conservatorships to manage money a minor inherits or receives from a settlement. In South Carolina the Family Court appoints a guardian of a child’s person and the probate court appoints a conservator for the child’s money; our guardianship of minors page explains both.
Guardianship vs. conservatorship
| Guardian | Conservator | |
|---|---|---|
| Decides about | The person: housing, medical care, daily life | The money: accounts, bills, property, benefits |
| Appointed when | An adult cannot make or communicate responsible personal decisions, or a minor needs a decision-maker | An adult cannot manage finances, or a minor receives funds |
| Court | Probate court for adults; Family Court for a minor’s person | Probate court, for adults and minors |
| Ongoing duties | Annual report on the person’s condition | Inventory, bond, and annual accountings |
Adult guardianship and conservatorship
Under South Carolina’s adult guardianship and protective proceedings statutes (S.C. Code Title 62, Article 5), a petition is filed in probate court with medical evidence of incapacity. The court appoints a guardian ad litem and examiners to evaluate the person, notifies family members, and holds a hearing. The alleged incapacitated person has the right to counsel and to object. If incapacity is proven, the court appoints the guardian or conservator with the powers the person actually needs, no more, and may order a limited guardianship.
When families disagree
Contested cases arise when siblings each want to serve, when a parent objects to any guardian, or when one relative believes another is exploiting the parent. The court decides based on the person’s best interest and statutory priorities, with evidence about each candidate’s suitability. We prepare these cases the way the court evaluates them: medical proof, financial records, and a concrete plan for the person’s care.
Guardianship and conservatorship of minors
Children are handled differently from adults, and by two different courts. A guardian of a minor’s person, the adult who has custody and makes daily decisions when parents have died or cannot act, is appointed by the Family Court, and a parent’s will can nominate that person. A conservator to manage money a child inherits or receives from a settlement is appointed by the probate court, which has exclusive jurisdiction over conservatorships. South Carolina’s minor-settlement statute (S.C. Code § 62-5-433) sets the thresholds: a settlement over $25,000 must be approved by the circuit court and paid through a conservator; $25,000 or less may be approved by the probate court or the circuit court; $2,500 or less needs no court approval at all. Our guardianship of minors page explains both tracks, the paperwork and the alternatives, including trusts that keep an inheritance out of a court-supervised account.
Avoiding a guardianship
Most adult guardianships happen because no one signed a durable power of attorney and health care power of attorney while they could. If a parent still has capacity, even limited, fluctuating capacity, those documents may still be signed, and they are faster, cheaper and private. We will tell you honestly which path is available.
Serving as guardian or conservator
The role comes with reports, accountings, and personal responsibility for the person’s welfare or money. We help guardians and conservators file what the court requires, obtain permission for major decisions, and close the case when it ends.
Worried about a parent or a child?
Call. We will tell you whether a guardianship is needed, whether a power of attorney can still be signed, and what the court will require.
Questions people ask
How long does a guardianship take in South Carolina?
Uncontested adult cases commonly take two to four months from filing to hearing, depending on the county’s docket and how quickly examiners report. Emergency appointments are available when the person is in immediate danger.
Which court appoints a guardian for a child in South Carolina?
The Family Court appoints a guardian of a minor’s person (custody and daily decisions). The probate court appoints a conservator to manage a minor’s money and approves settlements of $25,000 or less; larger settlements go to the circuit court.
Can a guardian move a parent to a facility?
Generally yes, but South Carolina restricts certain placements and treatment decisions without additional court approval. The order sets the limits.
Does a guardian get paid?
Family guardians often serve without pay; the court can approve reasonable compensation from the protected person’s funds.
Related pages
Guardianship of minors
Family Court guardianship, probate conservatorship, the $2,500 and $25,000 settlement thresholds, and the alternatives.
Learn morePowers of attorney
Signing and recording rules, what an agent can and cannot do, and the health care power of attorney.
Learn moreSpecial needs planning
Special needs trusts and ABLE accounts that protect benefits and provide extras.
Learn more