Guardianships and Conservatorships Protect Our Loved Ones - All About Seniors

By Probate Judge Irv CondonYou have a grandparent who falls for scams; or a spouse who is steadily declining because of dementia; or you are a parent to a child with special needs who is now an adult who depends on you for total care.We all know someone who has one of these situations.Guardianships and conservatorships (or GCs) are Probate Court ordered systems to assist individuals who are found incapacitated and no longer able to manage their own personal care or finances.We hope they have a Healthcare Power of Attorney and a Business Durable Power of Attorney or a living trust; if not, then Probate Court can help with a Guardianship and/or a Conservator.

A Guardian handles personal and healthcare decisions.A Conservator manages the individuals money and property.Family Court assists with guardianships of minors.If you have a loved one or friend who is struggling with day-to-day decisions or managing their funds, then you may file a Petition for Appointment in Probate Court.

It is ideal that an attorney assists you with this legal matter.Once your Petition is filed, the court appoints an attorney, a Guardian Ad Litem, and an examiner to observe and report on the individuals capacity.A hearing is scheduled to determine if appointment is needed.Once Probate Court appoints you Guardian and/or Conservator (yes, it is possible to be named both), you file annual reports that illustrate your diligence in providing care for the individual and/or their assets.

Conservators may be required to purchase a bond, which serves as insurance to safeguard assets.Guardians must file reports on the individuals condition.Conservators must file an annual accounting of assets, receipts, and disbursements.

Conservators must file a Petition requesting court authority to use funds from the individuals account.The American Bar Association selected Charleston to be one of two courts to pilot the Adult Guardianship Assistance and Monitoring Program; also, the National Center for State Courts selected Charleston to pilot the Rapid Response Conservatorship Project.The Adult Guardianship Assistance and Monitoring Program has been a great success thanks to our work with the Charleston School of Law.Each semester, law students devote time to visit and check on our Wards.

The Rapid Response Conservatorship Projects goal was to monitor transactions in real time.Ideally, fewer people will need a Guardian and/or Conservator by engaging an estate planning attorney.A Healthcare Power of Attorney alleviates the need for a Guardian.A Business Durable Power of Attorney and/or living trust eliminates the need for a Conservator.

Please consult an attorney to complete your estate planning documents, which include your Last Will and Testament with a contingent trust in case an incapacitated adult or a minor will receive assets at your death.I am honored to serve as Probate Judge.I offer free online and in-person workshops on estate planning, probate, and getting treatment for a loved one.Visit ccprobate.charlestoncounty.org to register to attend.