Conservatorship

Conservatorship Attorney in Charleston, SC

Serving Charleston County Probate Court for Routine Filings & Family Disputes

When someone can no longer manage their own finances, a conservatorship gives a court-appointed person legal authority to handle their property and financial affairs. At Seibert Law Firm, we guide families through every stage of that process at Charleston County Probate Court, whether the matter is straightforward or becomes contested among family members.

If you’re considering a conservatorship for a loved one in South Carolina, call (843) 428-6360 to speak with our attorneys about your situation.

Conservatorship vs. Guardianship in South Carolina

These two proceedings are related but distinct. A conservator manages a person’s financial affairs and property when the Probate Court determines they can no longer do so on their own. A guardian, by contrast, is appointed to oversee personal and healthcare decisions, including where the person lives and what medical treatment they receive. The court monitors both arrangements and can establish them together when an incapacitated adult needs support in both areas.

Charleston County Probate Court handles conservatorship and guardianship proceedings, along with estate administration, commitments, and marriage licensing. Conservatorship matters fall under the court’s Guardianship and Conservatorship Division, and the court retains ongoing oversight after the appointment is made.

Who Typically Needs a Conservatorship

South Carolina law recognizes that incapacity can arise from a range of conditions: mental illness, cognitive decline, physical disability, advanced age, or chronic substance use. Before appointing a conservator, the court is required to consider less restrictive alternatives. A durable power of attorney, for instance, may be sufficient if the person retains enough capacity to execute one. If no such alternative is workable, a conservatorship proceeding may be the appropriate path.

In some cases, both a guardianship and a conservatorship are established for the same person. Both remain under court supervision for as long as they are in place.

Filing a Conservatorship in Charleston, South Carolina

Opening an adult conservatorship case requires filing a Dual Petition for Appointment of Guardian and Conservator (Form #520GC) with Charleston County Probate Court. The filing fee starts at $25.00. If the proposed conservator will control liquid assets exceeding $15,000, the court requires a fiduciary bond equal to 1.5 times those liquid assets before the appointment is finalized.

Family members who have priority to serve as conservator but choose not to can file a Renunciation/Nomination form (#549GC). If any priority family member doesn’t file that form, the court schedules a hearing. Since South Carolina’s Guardianship and Conservatorship Act took effect on January 1, 2019, the court appoints two separate individuals for the alleged incapacitated individual: a guardian ad litem, who investigates and reports to the court, and an attorney to serve as that person’s legal counsel. These roles are no longer combined in a single appointment.

Why Families in Charleston Choose Seibert Law Firm

Attorney Kevin M. Seibert and Attorney Rebecca A. Seibert are admitted to both the South Carolina and Georgia Bar Associations. That dual admission means matters touching both states can be handled in-house, without referring clients to outside counsel. Both attorneys know Charleston County Probate Court procedures and communicate openly with clients throughout the process.

We build a plan around each client’s specific circumstances rather than applying a one-size approach. Most conservatorship proceedings are uncontested, and we handle those efficiently. When a matter becomes contentious, whether the dispute is over whether a conservatorship is warranted at all or over who should serve, we represent clients through that process as well. Competitive pricing and flexible payment options, including cash, checks, and major credit cards, help keep our services accessible when families need them most.

Talk to a Conservatorship Lawyer at Seibert Law Firm

Conservatorship decisions carry real financial and personal consequences for your family. The sooner you understand your options, the better positioned you can be to protect your loved one. Call (843) 428-6360 or reach out online to schedule a consultation with our team.

Ongoing Duties After a Conservatorship Is Established

Appointment is the beginning, not the end. A conservator is responsible for managing and safeguarding the protected person’s property and must report to the court periodically on the estate’s assets, income, and expenditures. In many cases, money can’t be spent without a written court order authorizing it. The court may also require that conservatorship funds be held in a restricted account, accessible only by court order.

When a conservatorship is established for a minor, it remains in effect until the child turns 18, at which point the conservatorship closes, and any remaining assets transfer to the now-adult beneficiary.

Attorney’s Fees & Costs in South Carolina Conservatorship Proceedings

Unless the court orders otherwise, petitioners are responsible for their own attorney’s fees and for the other costs and expenses of the proceeding. The court-appointed guardian ad litem, any designated examiner, and the counsel appointed for the alleged incapacitated individual are each entitled to reasonable compensation unless they’re otherwise compensated for those services. We can walk clients through expected expenses during the initial consultation so there aren’t any surprises as the case moves forward.

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