Guardianship & Conservatorship

We are experienced in assisting clients with the establishment and administration of guardianships and conservatorships
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Guardianship and Conservatorship Attorneys

In South Carolina, a guardian is appointed by the Probate Court to have care, control, and custody of an incapacitated adult (called a “ward“), and to make health care, education, and certain legal decisions on the ward’s behalf. A conservator is a person appointed to handle the assets of someone without the capacity to handle their assets or of a minor child (called a “protected person”). A conservator has the power to direct investments and direct the sale or purchase of assets on behalf of the protected person.

If a person has become incapacitated and can no longer take care of himself or herself, it may be necessary to initiate a Court proceeding to appoint a conservator, guardian or both. The Firm can help you handle the appointment process and the necessary follow up work.

Disputes in guardianships and conservatorships are not uncommon. The appointment of a guardian or conservator revokes a portion of the liberty of the protected person, so disputes concern the need for the appointment. Sometimes, the protected person agrees help is need but is not in agreement on who should be appointed. Sometimes, a guardian’s decisions on medical care and treatment, place of residence, or visitation, become an issue.

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In conservatorship cases, disputes frequently relate to questions about the use or non-use of the protected person’s finances both before and after the conservator’s appointment. If you believe there may be an ongoing issue of financial exploitation, please see The Firm’s financial exploitation article.

The Firm is skilled at handling all types of conservatorship and guardianship disputes, whether simple or complex. Oftentimes the Probate Court sees fit to appoint The Firm’s attorneys to defend guardianship and conservatorship cases. The Firm is always looking to resolve disputes amicably for the good of clients and their families, but where litigation is necessary, The Firm will aggressively advocate in Court on behalf of its clients. Call the Miller Law Firm, P.A. today at (864) 527-0413.

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