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.
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 of the county where the person lives | Same |
| 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 of minors
A guardian for a minor may be nominated in a parent's will and confirmed by the probate court, or appointed after a petition when parents are unable to act. A conservatorship is required when a minor receives significant funds—an inheritance, life insurance or a settlement—and the money is held under court supervision until the child turns eighteen. Structured settlements and trusts can reduce or avoid the need.
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.
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
Powers of attorney
Financial and medical decision-makers, named by you and ready before a crisis.
Learn moreSpecial needs planning
Special needs trusts and ABLE accounts that protect benefits and provide extras.
Learn moreProbate courts guide
Addresses, phones and practical notes for the three probate courts we appear in.
Learn more