Elder Law lawyers in Spartanburg Greenville Upstate SC, Elder Law Lawyer, wills contests, power of attorney, Medicaid planning, guardianship, conservator actions

Guardianship and Conservatorship Lawyer

Guardianship and Conservatorship Attorney Spartanburg, Greenville, Upstate SC

The elder law attorneys at the Smith & Haskell Law Firm provide solutions for individuals who are no longer capable of making sound decisions about financial matters and managing their affairs.  We assist individuals and families faced with this situation with the creation of a guardianship or conservatorship that will help to ensure that your family member or loved one will be provided necessary care.

When your family member or loved one is incapable of managing their personal affairs, it is important to take the necessary legal action to protect their interests.  You should consult a knowledgeable and experienced guardianship attorney or conservatorship attorney to assist you in the complex South Carolina legal process.  Our elder law attorneys will discuss your options for your specific situation which may result in petitioning the court for a guardianship and/or conservatorship.  A legal guardian is able to make decisions about the person’s day-to-day care including medical needs, while a conservator manages the person’s financial affairs.


The granting of one individual the legal right and obligation to make decisions on behalf of and to take personal care of a person, is a guardianship.  Through a guardianship, legal guardians will help preserve and protect the incapacitated individual’s health and quality of life.  Our guardianship attorneys will assist you in determining your best course of action as well as review an existing Power of Attorney and health care proxy that may be in place.

Guardianships will typically be established for adults and children who are incapable of managing some or all of their affairs due to mental or physical.  The State of South Carolina defines this type of person as an incapacitated person.  The term “incapacitated person” means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property.

Guardianships involve an “incapacitated person” both adults and children incapable of managing some or all of their own affairs due to a mental or physical disability or handicap including:

  • Elderly adults and adults in assisting living or nursing homes;
  • Adults suffering from Alzheimer’s or dementia;
  • Mentally retarded adults;
  • Special needs adults and children;
  • Disabled adults and children;


Conservatorship is a legal arrangement that places the property an individual, also known as a ward or protected person, under the supervision of a conservator.

A conservatorship of the estate or property transfers the following responsibilities to the conservator:

  • Organizing, gathering and protecting assets
  • Arranging appraisals of property
  • Safeguarding property and assets from loss, whenever possible
  • Managing income from assets
  • Making appropriate payments
  • Obtaining court approval prior to any sale of major assets
  • Reporting to the court the estate’s status on a regular basis

Conservatorships are often temporary arrangements that are meant to protect an “incapacitated person” until he or she regains capacity.

Guardianship and Conservatorship Disputes

The guardianship and conservatorship attorneys at the Smith & Haskell Law Firm represent individuals involved in guardianship and conservatorship disputes.  The appointment of a guardian or conservator revokes or limits the life decision of the protected person and disputes can arise with the protected or a family member.  Disputes may arise in the guardian’s decisions regarding medical care and treatment, visitation and placement.  In conservatorship cases, disputes often relate to questions about the use of the protected person’s finances both before and after the conservator’s appointment.  If you have a guardianship or conservatorship dispute, our experienced attorneys will assist you in resolving the situation.

Choose a South Carolina Guardianship and Conservator Attorney

Guardianship and conservatorship are complex and complicated areas of law and require a knowledgeable and experienced elder law and probate attorney to assist you with the proceedings with the probate court.  The guardianship attorneys at the Smith & Haskell Law Firm can help, don’t wait and act now.  Our attorneys will:

  1. Explain the legal process of obtaining a guardianship or conservatorship.
  2. Prepare the guardianship or conservator petition and supporting documents.
  3. Represent you in hearings.
  4. Help you comply with all legal and reporting requirements.

If you have a family member or loved one that has become incapable of managing their affairs, it is important to take the necessary legal action to protect their interests.  We encourage you to contact an elder law attorney to discuss your situation with the Smith & Haskell Law Firm today at 864.582.6727 to schedule an appointment.

Edwin Haskell III Martindale-Hubble Top Rated Lawyers™ | 2023 2022 AV Preeminent Rating® for Top Rated & Best Lawyers in Spartanburg & Greenville South Carolina

The Total Advocacy Firm” Since 1926 | Serving the UpState of South Carolina | Spartanburg County | Greenville County | Anderson County | Chester County | Laurens County | Pickens County | Richland County | York County | Cherokee County | Union County | Oconee County