Frequently asked questions
for Guardianship and Conservatorship:

Why is it important to establish Guardianship/Conservatorship?

Who can become a guardian/conservator?

What are the duties of a Guardian/Conservator?

What is the general process to establish Guardianship/Conservatorship?

How long does it take to establish Guardianship/Conservatorship?

Why is it important to establish
Guardianship/Conservatorship?
If your child is over the age of 18, he or she will be treated as an adult in the eyes of the law. For example, if your 18 year old son needs tetanus shot after stepping on a rusty nail and refuses it, the hospital cannot legally give him the much needed shot. Even though your child may be incompetent of making the right, healthy decision, if he is over the age of 18, the hospital will respect his desires. If guardianship is established, the guardian will have a say about the 18-year olds medical care. Top

Who can become a guardian/conservator?
Some of the qualifications needed to be a Guardian/Conservator:

• Are a resident of the United states
• Are over the age of 18
• Are of sound mind
• Are competent
  Have not been convicted of a felony. Top

What are the duties of a Guardian/Conservator?
The primary responsibilities of the guardian are:

• To decide where the person will live
• To make provisions for the person’s care, comfort, and maintenance, including medical and health care decisions.

The primary responsibilities of the Conservator are:

• To manage and protect the person’s propertyTo report periodically to the court about the assets, receipts, and disbursements of the person’s property. Top

What is the general process to establish Guardianship/Conservatorship?

A Guardian is appointed after a hearing where testimony from family, a physician and licensed social worker indicate that the person is in need of a Guardian to assist in his/her personal care.

A Conservator is appointed after a hearing where various professionals indicate that the medical and social status of the allegedly incapacitated adult requires a Conservator. 

How long does it take to establish Guardianship/Conservatorship?
It generally takes between one and three months for a guardianship/ conservatorship to be legally established through Probate court. Although, it may take longer. Top

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Toussaint Law Firm, PC 10131 Clemson Boulevard Seneca, South Carolina 29678 Call toll free: (866) 859-3909 Phone Number: 864-888-1900 Fax Number: 864-888-0038 kstlaw@bellsouth.net