Guidance from a Trusted Adult Guardianship Attorney in South Carolina
Making decisions for a loved one who can no longer care for themselves is never easy—but having the right legal guidance can bring clarity and peace of mind. As an experienced adult guardianship attorney in SC, Alexandria Skinner helps families across Columbia and surrounding communities understand when guardianship is necessary and how to navigate the process with compassion and care.
What Is Adult Guardianship?
Guardianship & Conservatorship
Adult guardianship is a legal process where a court appoints someone to make decisions for an adult who cannot manage their personal or financial affairs. In South Carolina, this might be called guardianship, conservatorship, or both—depending on whether the person needs help with medical decisions, financial matters, or both.
When Planning Isn’t Possible
This often becomes necessary in cases involving dementia, intellectual disabilities, or mental illness. Unlike powers of attorney, which are set up in advance, guardianship is typically pursued when a person can no longer grant legal authority themselves.
When Do You Need a Guardianship in SC?
You might need to seek guardianship of an elderly parent or an adult child with special needs if:
- They are no longer able to make safe or informed decisions
- They are being financially exploited or medically neglected
- They didn’t set up a power of attorney and now lack capacity to do so
Families in Columbia, Lexington, Irmo, and throughout South Carolina often turn to Alexandria when facing difficult questions like, “How do I get legal guardianship of an elderly parent in SC?” Her role is to make that process more understandable—and more human.
Understanding the Guardianship Process in South Carolina
Here’s what to expect if you need to establish adult guardianship:
01
Filing a Petition
You request guardianship through the probate court in the county where the person lives
02
Notice & Evaluation
The court appoints an examiner and notifies the person and any family involved
03
Court Hearing
A judge reviews medical information, hears testimony, and decides if guardianship is appropriate
04
Appointment
If granted, the guardian is officially responsible for the person’s well-being
The process may take several months and requires detailed documentation. Alexandria guides clients through each step—explaining what to expect and ensuring all paperwork is handled correctly.
What Are the Responsibilities of a Guardian?
In South Carolina, guardians may be responsible for:
- Making medical and healthcare decisions
- Ensuring access to proper living arrangements and services
- Managing financial affairs if also appointed as a conservator
- Filing annual reports with the court
- Advocating for the individual’s best interests at all times
People often ask, “What are a guardian’s responsibilities in South Carolina?” Alexandria walks you through those obligations clearly and makes sure you feel prepared—not overwhelmed.
Guardianship vs. Power of Attorney: What’s the Difference?
Powers of attorney are proactive documents signed before someone becomes incapacitated. Guardianship is a legal backstop that becomes necessary if those documents don’t exist or are no longer valid.
If you're asking, “Do adults need a conservatorship or power of attorney?”—the answer depends on timing. Alexandria helps clients throughout Columbia plan ahead with wills and POAs to prevent unnecessary court involvement later.
How Alexandria Helps Families in Transition
As a guardianship lawyer in Columbia SC, Alexandria brings not only legal experience but also empathy to every case. She understands the emotional weight families carry and works to reduce that burden through clear communication and step-by-step support. Whether you're seeking guardianship of an aging parent or navigating complex situations involving adults with disabilities, she ensures you're never alone in the process.
Special Cases: Immigration-Related Custody Transfers
In select situations, Alexandria has assisted families seeking guardianship or legal custody of minors immigrating to the U.S. If you’re dealing with immigration-related legal concerns involving guardianship, visit our Immigration Custody Planning page.
Common Questions About Guardianship in SC
How many legal guardians can a person have?
The court typically appoints one primary guardian, but co-guardians can be named in some situations if it serves the person’s best interest.
Does guardianship override a power of attorney?
Generally, if a valid power of attorney is in place, guardianship may not be needed. However, if there are concerns about the POA’s effectiveness or misuse, a court may intervene.
What’s the difference between guardianship and conservatorship in SC?
Guardianship typically covers personal decisions (like medical care), while conservatorship addresses financial management. Some people require both.
Is guardianship permanent?
It can be—but doesn’t have to be. The court can revise or end a guardianship if the person regains capacity or a less restrictive alternative becomes viable.
How long does the guardianship process take?
It varies by case and county, but most cases take 1–3 months depending on court schedules and complexity.
Your Next Step
You don’t have to navigate this alone. Whether you're still deciding if guardianship is necessary or you're ready to begin the legal process, Alexandria is here to help.