South Carolina: Adult Guardianship and Conservatorship Petition Requirements
The short answer
South Carolina uses guardianship for personal authority and conservatorship or a protective order for property and financial affairs. A summons and petition must identify the adult, family and other co-respondents, proposed fiduciary, assets, incapacity facts, rights to be removed, and why less restrictive alternatives are unavailable; guardianship and the financial basis for protective authority require clear and convincing evidence. After service, the probate court appoints counsel if retained counsel has not appeared within 15 days and appoints a guardian ad litem and qualified examiner within 30 days; the adult may attend, conduct discovery, review the evidence, and request a closed hearing.
Ask Ezel about your situation
This is the general rule in South Carolina. Ezel applies current South Carolina law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | S.C. Code Title 62, Article 5: guardianship governs personal authority; conservatorship/protective proceedings govern property and affairs. Parallel petitions may be consolidated (§§ 62-5-303(A), 62-5-403(D)). |
|---|---|
| Who may file and where | Any person may seek guardianship; the adult may also seek a conservator or protective order (§§ 62-5-303, 62-5-403). Probate court has exclusive original jurisdiction (§ 62-1-302). Guardianship pleadings disclose the adult's six-month location for jurisdiction; conservatorship venue is the county of residence or, for a nonresident, a county where property or a right of action lies (§ 62-5-401). |
| What the petition must contain | Summons and petition identify the filer, adult, six-month location, spouse/children or nearest kin, agents, caregivers, equal-or-higher-priority candidates, proposed fiduciary, reasons and alternatives, rights and restrictions sought, and assets/income. Conservatorship also pleads agent inadequacy or absence plus threatened or needed property (§§ 62-5-303, 62-5-403). |
| Proof required for appointment | Guardian: clear and convincing evidence of incapacity and that appointment is necessary for continuing care and supervision (§ 62-5-304(B)). Conservator/protective order: petition must establish impaired management plus inadequate agent authority/performance or no agent and threatened or needed property (§ 62-5-403(A)); the court requires clear and convincing proof of a basis (§ 62-5-404(B)). |
| Alternatives the court must address | Both petitions must explain why less restrictive alternatives are unavailable or inappropriate (§§ 62-5-303(B)(6), 62-5-403(B)(6)). Statutory supports include powers of attorney, trusts, representative payees, health decision-makers, accommodations, technology, communication help, and services; the court may order a protective arrangement without a conservator (§§ 62-5-101(23), 62-5-405). |
| Notice, service, and hearing timing | Serve the adult promptly with summons, petition, right-to-counsel notice, and filed reports; serve co-respondents too. Failure to serve within 120 days permits dismissal (§§ 62-5-303A, 62-5-403A). Counsel appointment follows 15 days after proof of service; GAL and examiner appointment follows within 30 days (§§ 62-5-303B, 62-5-403B). Hearing follows the response period as justice allows (§§ 62-5-303C, 62-5-403C). |
| Counsel and hearing rights | If retained counsel has not appeared 15 days after proof of service, the court appoints counsel and considers the adult's preference; a separate GAL is mandatory (§§ 62-5-303B, 62-5-403B). The adult may attend, conduct discovery, review evidence, and request closure; waiver/no-hearing consent has statutory safeguards and a 30-day temporary order (§§ 62-5-303C, 62-5-403C). No jury provision appears in those appointment-hearing sections. |
| Medical evidence or court evaluator | Within 30 days after proof of service, the court appoints a physician or nurse practitioner, or at its discretion a physician assistant or psychologist, as examiner; a second examiner may be appointed. The notarized functional report is due by the court's deadline and at least 48 hours before any hearing where introduced (§§ 62-5-303B to -303D, 62-5-403B to -403D). |
| Limits on the order | The court must promote maximum independence and transfer only rights and powers necessitated by incapacity; unremoved rights remain with the adult (§§ 62-5-304, 62-5-304A). Conservator powers may be limited, and targeted protective arrangements may replace appointment (§§ 62-5-404 to -405). Emergency/temporary relief is a separate verified-petition route; continued orders generally last no more than six months (§ 62-5-108). |
Compare this rule across all 50 states + DC →
Requirements one by one
Proceeding and state terminology
South Carolina separates a guardian's personal authority from a conservator's
property authority. Under § 62-1-302, the probate court has exclusive original
jurisdiction over both Article 5 proceedings. Sections 62-5-303 and 62-5-403
permit related petitions in the same court to be consolidated.
Who may file and where
Section 62-5-303 permits a person seeking a finding of incapacity or appointment
to file the guardianship summons and petition. Section 62-5-403 also expressly
permits the alleged incapacitated adult to seek a conservator or protective
order. The guardianship petition supplies the adult's six-month physical-location
history for jurisdiction. Under § 62-5-401, a property proceeding belongs in the
county of residence or, for a nonresident, a county where property or a right of
action exists.
What the petition must contain
Sections 62-5-303 and 62-5-403 require the petition to map the adult's family,
agents, caregivers, higher-priority candidates, proposed fiduciary, assets and
income, alleged incapacity, and every right or restriction sought. Both require
an explanation of why less restrictive alternatives are unavailable or
inappropriate. The conservatorship petition must also identify whether a durable
power-of-attorney agent is absent, lacks authority, or is not adequately
preventing waste or dissipation.
Proof required for appointment
Under § 62-5-304, guardianship requires clear and convincing evidence that the
adult is incapacitated and appointment is necessary for continuing care and
supervision. Section 62-5-404 applies clear and convincing evidence to the basis
for adult conservatorship or another protective order, while § 62-5-403 defines
that basis through impaired management plus inadequate agent protection or
threatened or needed property.
Alternatives the court must address
The petition-level duty appears in §§ 62-5-303 and 62-5-403. Section 62-5-101
defines supports and assistance broadly to include powers of attorney, trusts,
representative payees, health decision-makers, technology, communication help,
tailored information, and community or government services. Section 62-5-405
requires the court to consider whether a conservator is necessary before using a
targeted protective arrangement without appointment.
Notice, service, and hearing timing
Under § 62-5-303A and § 62-5-403A, the petitioner serves the adult as soon as
reasonably possible with the summons, petition, right-to-counsel notice, and any
filed reports, and serves co-respondents. Failure to complete service within 120
days allows dismissal without prejudice.
After proof of service, §§ 62-5-303B and 62-5-403B set the appointment clock:
counsel after 15 days if retained counsel has not appeared, and a separate GAL
and examiner no later than 30 days. Sections 62-5-303C and 62-5-403C place the
merits hearing after the response period, as soon as justice allows.
Counsel and hearing rights
Counsel represents the adult's expressed position; the GAL separately protects
the adult's interests. The court considers the adult's counsel preference, and
the two roles cannot be held by the same lawyer in the same action.
At the hearing, §§ 62-5-303C and 62-5-403C give the adult the right to be
present, conduct discovery, review the evidence, and request closure. A
no-hearing agreement first produces a 30-day temporary consent order during
which the adult or another authorized person may demand a formal hearing. These
appointment-hearing sections do not state a jury right.
Medical evidence or court evaluator
Sections 62-5-303B and 62-5-403B require a court-appointed examiner within 30
days after proof of service. The examiner is a physician or nurse practitioner,
or at the court's discretion a physician assistant or psychologist. The court
may appoint a second qualified examiner.
Under §§ 62-5-303D and 62-5-403D, the notarized report addresses functional
impairments, diagnosis and condition, retained rights, adaptive skills, prognosis,
examination dates, consultations, and professional license. It is filed by the
court's deadline and at least 48 hours before any hearing where it is introduced,
absent good cause.
Limits on the order
Section 62-5-304 requires maximum self-reliance and orders only to the extent
necessitated by incapacity. Section 62-5-304A requires the order to identify each
right or power removed; every unremoved right stays with the adult. Sections
62-5-404 and 62-5-405 likewise permit limited conservator powers or a targeted
protective arrangement supported by specific findings under § 62-5-404.
Emergency and temporary relief follows the separate verified-petition process
in § 62-5-108. It uses shorter hearings and special medical evidence; a continued
emergency order or temporary order generally lasts no more than six months, and
the permanent appointment hearing is de novo.
What trips people up
Three professionals have different roles. The adult's lawyer advocates the
adult's position, the GAL protects interests, and the examiner supplies the
functional clinical report. Appointment of one does not replace the others.
The deadlines run from proof of service. The 15-day counsel deadline and
30-day GAL/examiner deadline do not run from the petition filing date.
Emergency relief is not the ordinary case. Section 62-5-108 has verified
pleadings, shorter hearings, recent medical evidence, and interim orders; the
permanent case is heard de novo.
Common questions
May the adult choose counsel? Yes. The notice advises of the right to chosen
counsel, and the court considers the adult's expressed preference when it must
appoint counsel after the 15-day period.
Can an existing power of attorney prevent conservatorship? It matters, but
not automatically. Section 62-5-403 asks whether the agent is adequately acting
and has authority to prevent waste or dissipation.
Can the court solve a property problem without appointing a conservator?
Yes. Section 62-5-405 authorizes a specifically supported protective arrangement
without a general appointment.
Statutes and sources
- S.C. Code §§ 62-1-302 to -303 — probate jurisdiction and general venue rules.
https://www.scstatehouse.gov/code/t62c001.php (accessed 2026-07-18) - S.C. Code §§ 62-5-101, -108, -303 to -304A, and -401 to -405 — definitions,
petitions, service, counsel, GALs, examiners, hearings, findings, rights,
protective arrangements, and emergency boundary.
https://www.scstatehouse.gov/code/t62c005.php (accessed 2026-07-18)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how South Carolina handles this in general. Ezel applies current South Carolina law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.