Adult Guardianship Periodic Reporting Requirements in South Carolina
At a glance
| Covered guardian and report types | Conservator: inventory, court-required financial plan, annual/event reports (§§ 62-5-414 to -416); guardian: death notice and conditional funds account (§ 62-5-306). |
|---|---|
| First plan, inventory or account | Conservator inventory within 30 days of appointment, extendable by court; financial plan if court requires it (§§ 62-5-414(B), 62-5-415). |
| Repeat interval and due date | Conservator estate report annually and at court-directed times; § 62-5-416(A) sets no calendar due date. |
| Condition and care-plan content | Conservator states opinion on continued need and scope; guardian's § 62-5-306 filing concerns death, not a periodic condition report (§§ 62-5-306(A), 62-5-416(B)(4)). |
| Property and accounting content | Conservator lists period receipts/disbursements, controlled assets and locations, and financial-plan recommendations (§ 62-5-416(B)). |
| Oath and required attachments | Inventory has oath or affirmation of completeness and accuracy; § 62-5-416(B) specifies report contents without an additional oath or attachment (§ 62-5-415). |
| Who receives or may inspect the report | Inventory copies to guardian and court-directed persons; report copies to capable protected person and resident parent or guardian; plan copy to guardian or protected person (§§ 62-5-414(B), 62-5-415, 62-5-416(C)). |
| Court review and late filing | Court may appoint guardian ad litem to review report or plan and may examine assets; § 62-5-416 specifies no automatic late-filing consequence (§ 62-5-416(D)-(E)). |
| Final or change-triggered report | Conservator reports on resignation, removal, end of minority/disability, or death; guardian notifies court of death and, if authorized to use funds for remains, accounts within ten days of approval (§§ 62-5-306, 62-5-416(A)). |
Requirements one by one
Conservator's first filings
South Carolina Code § 62-5-415 requires the conservator to file a complete estate inventory within thirty days of appointment, with an oath or affirmation of accuracy; the court may extend the time. Under § 62-5-414(B), the court may also require a financial plan tailored to the protected person. That plan must change as the person's needs and circumstances change.
Estate reports
Under § 62-5-416(A), the conservator reports annually, at other court-directed times, and on the listed ending events. The report under § 62-5-416(B) covers period receipts and disbursements, controlled assets and their locations, possible changes to the financial plan, and the conservator's opinion about continued need and scope. The section gives an annual interval without a calendar due date.
Copies and court review
Under § 62-5-416(C), the conservator gives a report copy to a protected person with sufficient capacity to understand it, and to a parent with whom that person resides or the person's guardian. Under § 62-5-416(D), the court may appoint a guardian ad litem to review the report or plan. The court may direct examination of estate assets under § 62-5-416(E).
What trips people up
The guardian's death filing differs from the conservator's annual estate report. Under § 62-5-306(A), the guardian notifies the court of the ward's death and files a death certificate. If there is no conservatorship and the court authorizes use of the ward's funds for final disposition of remains, § 62-5-306(B) requires an accounting within ten days of approval and proof of delivery to the specified estate contact or relative.
Common questions
Does the inventory go only to the court? No. Section 62-5-415 also requires a copy for the protected person's guardian, if any, and others the court directs.
Can someone request a final report? Under § 62-5-416(F), the conservator or protected person may petition in formal proceedings for an intermediate or final report and an adjudication of unsettled liabilities.
Must the conservator send the financial plan to anyone? Under § 62-5-414(B), the conservator gives a copy to the protected person's guardian, if any, or the protected person.
Statutes and sources
- S.C. Code § 62-5-306: “Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward's death.” Official code, accessed 2026-10-03.
- S.C. Code § 62-5-414: “The court may require a conservator to file a financial plan for managing, expending, and distributing the assets of the protected person's estate.” Official code, accessed 2026-10-03.
- S.C. Code § 62-5-415: “Within thirty days of appointment, the conservator shall prepare and file with the court a complete inventory of the estate of the protected person.” Official code, accessed 2026-10-03.
- S.C. Code § 62-5-416: “A conservator shall report to the court regarding his administration of the estate annually.” Official code, accessed 2026-10-03.
Source links
Every statute quoted above, linked, with the date we checked it.
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