Guardianship

Guardianships and conservatorships protect the needs and well-being of individuals who cannot make decisions for themselves. Learn who needs a guardianship in South Carolina and how our attorneys can help you initiate guardianship proceedings. 

Who Needs a Guardianship? 

There are many reasons a loved one might need a guardianship. Common circumstances include: 

• Dementia
• Mental or developmental disability 
• Severe physical injury 

Where a conservatorship covers the finances of an individual, a guardianship covers everything else that is not financial, such as health-related decisions. 

How a Columbia Attorney Can Help Establish a Guardianship 

If you would like to establish a guardianship for a family member, you must file a petition that states your relative can no longer make decisions on their own, i.e. “incapacitated”. South Carolina courts give preference to individuals who previously served in a guardianship capacity, followed by a designated power of attorney, then by relatives. 

Our attorneys can help you initiate guardianship proceedings or represent your loved one if someone else has initiated a guardianship proceeding on their behalf, thus making sure their interests are protected. We can answer questions and explain the legal proceedings to bring peace to a difficult and often emotional time. 

We are also available to serve anyone who has been appointed a legal guardian for a loved one and who is unsure what their responsibilities as guardian are. Since the courts outline rules for guardianships, we can bring clarity to this role while ensuring that guardians can act in the best interests of their wards. 

Whether you need a guardianship or a conservatorship, or simply want to explore your options, we at Pozsik & Carpenter are here for you. Take advantage of a consultation to talk over your circumstances and get advice from Lexington and Columbia attorneys on the best course of action. To schedule your consultation, call 803-764-1105 today.

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