The probate court can appoint a guardian and conservator (usually a family member) for an adult who is incapacitated. The probate court also can appoint a conservator for a minor in certain situations. Our new South Carolina laws, effective January 1, 2019, allow the court to make a full appointment or a limited appointment --- depending on how much the adult can do for himself with help.
4 “What ifs”
What if…you believe a loved one is not able to make health care decisions or manage her bank accounts for herself? Then you may want to consult with an attorney about options for you to obtain legal authority to help her.
What if…your father’s doctor has told you that your father’s dementia is rapidly worsening? Perhaps your father recently became “lost” while walking in the neighborhood where he has lived for 30 years, and was unable to find his way home without help. Even though your father has a power of attorney document naming you as his agent to handle decisions for him, maybe he is not allowing you to make those decisions. You may need to talk to a lawyer about other legal options for you to help your father.
What if…your adult son is trying to obtain guardianship or conservatorship authority over you, but you believe that you can make your own decisions with just a little help? You may need your own attorney to advocate for what you want.
What if…your minor daughter is set to receive a lawsuit settlement? You may be wondering whose bank account to deposit the funds into and who should manage those funds for her until she becomes an adult. You may want to talk to an attorney to discuss the legal options for handling your daughter’s funds.