In South Carolina, the Probate Court has jurisdiction to appoint a "guardian" to have custody of an "incapacitated person" -- defined by the applicable statute as an adult person impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause to the extent that he/she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person or property. The guardian's primary responsibilities with respect to the incapacitated person ("ward") are to determine where the ward will live, make provision for the ward's care, comfort and maintenance, including health care, and, where appropriate, arrange for the ward's training and education.

The Probate Court also has jurisdiction to appoint a "conservator" to manage the estate (property or assets) of a minor, as well as that of an adult incapacitated person. In managing the protected person's estate and financial affairs, the conservator is responsible for protecting and investing the conservatorship estate in accordance with appropriate fiduciary standards, as set out in Article 7 of Title 62 of the S.C. Code.

Where it appears that the property or affairs of a minor or incapacitated adult are in need of protection, but not the continuing management of a conservator, the Court may -- in a proper proceeding under Code Section 62-5-409 -- authorize a protective arrangement such as a property sale, mortgage, lease, or other transfer, an annuity contract, a life care contract, or establishment of a suitable trust, without appointing a conservator.

One seeking appointment as a guardian or conservator (and, with respect to adult incapacitated persons, the same person may be appointed to serve as both the guardian and conservator) must petition the Probate Court for appointment. A hearing is held on the petition, following notice to all interested persons and, in the case of an allegedly incapacitated adult, an examination of the person by Court-appointed examiners (one of whom is a physician) and, in guardianship proceedings, a report by a Court-appointed visitor regarding conditions at the place where the allegedly incapacitated person lives. The person for whom a guardianship or conservatorship is sought is entitled to be represented by an attorney of his/her choice, and the Court may (and in some cases must) appoint an attorney/guardian ad litem for the person. If, following the hearing, the Court determines that appointment of a guardian and/or conservator is warranted under the applicable statutory parameters, and that such an appointment is in the best interests of the person in need of protection, an appropriate appointment will be made.

Within thirty days after appointment, a conservator must file with the Court an inventory of the protected person's assets, and must file an accounting of his/her administration annually, and at such other times as the Court may direct. No less than annually following his/her appointment, a guardian must file with the Court a report on the condition of his/her ward and any of the ward's assets that have been subject to the guardian's possession or control. Forms for the documents required to be filed with the Court, including the petitions for appointment, are available on-line at www.sccourts.org.