Guardianships & Conservatorships

Individuals and their families will at some point be confronted with the legal complexities and financial challenges associated with the issues of aging, incapacity, disability, special-needs, long-term care, and death. Our experienced Elder Law attorneys at the Dobson Law Group provide a comprehensive range of Elder Law legal services including advising and creating Guardianships and Conservatorships when a family member or loved one is incapable of managing their financial affairs and make health care decisions to individuals and their families in Greenville and through the Upstate of South Carolina. We are passionate about the importance of Elder Law and Estate Planning, we strive to build trust as a valued partner, while protecting your interests and be “A True Advocate” for your rights.

” We earn client trust and confidence because we understand that total commitment to quality legal service is the core value in all legal representation.”

About Guardianships & Conservatorships

Our Elder Law attorneys at the Dobson Law Group will assist and advise individuals and families confronted with the a loved one or family member incapable of managing financial affairs and making life decisions. The creation of a guardianship or conservatorship can help to ensure that your loved one or family member receives the required care and address their financial matters.  We understand the South Carolina legal process and your specific situation, which may require petitioning the court for a guardianship or conservatorship if applicable.  We also represent individuals who dispute or contest the validity of guardianship or conservatorship.

Guardianship is a legal relationship between a competent adult (the “guardian”) and a person who because of incapacity is no longer able to take care of his or her own affairs (the “ward”). The guardian can be authorized to make legal and health care decisions for the ward. Conservatorship is a legal relationship between a competent adult (the “conservator”), and the “ward” and can be authorized to make financial decisions for the person’s affairs and their estate.

Guardianships

Guardianships are applicable for “incapacitated” individuals such as:

  • Disabled adults
  • Disabled minor children
  • Special needs adults
  • Special needs minor children
  • Mentally retarded adults
  • Elderly adults
  • Adults in assisted living, nursing homes
  • Adults afflicted by Alzheimer’s, dementia, stroke victims

Conservatorship

Our Elder Law attorneys can assist in helping you with the following types of conservatorships:

Conservatorship of the Person

Responsibilities of the appointed guardian include:

  • Medical treatment consent and health care decisions
  • Residency decisions
  • Authorizing or consent for non-medical services, education, counseling, psychiatric
  • End-of-life decisions
  • Financial responsibility including debt and expense payment

Conservatorship of the Estate or Property

Responsibilities of the appointed guardian include:

  • Financial management, assets, income, expenses
  • Coordinating property appraisal
  • Protection of wealth and assets
  • Protection of property and assets from loss
  • Seeking court approval prior to disposal or sale of “major” assets
  • Providing the court periodic reporting on the state of the estate

Conservatorships are often a temporary arrangement for incapacitated person for their protection until they regain capacity,

Our experienced Elder Law attorneys understand the issues and complexities with the creation, court proceedings and implementation of guardianships and conservatorships.   Our attorneys will explain the legal process of obtaining a guardianship prepare the guardianship or conservator petition and required supporting documents, represent you in court proceedings and aid you in maintaining legal and reporting compliance.

Choose a South Carolina Guardianship and Conservator Attorney in Greenville

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 Group, LLP today at 864.582.6727 to schedule an appointment.

The Dobson Law Group provides Elder Law & Long-Term Care Planning Attorney legal services including Power of Attorney to clients in Greenville County and throughout South Carolina including Abbeville, Anderson, Cherokee, Greenwood, Laurens, Lexington, Newberry, Oconee, Pickens, Richland, Spartanburg, and Union County. We are licensed in South Carolina, North Carolina, Florida, and Georgia.