Detailed Answer
Short answer: Under South Carolina law, being appointed a guardian of the person does not automatically make you guardian of the estate. The court must appoint a separate guardian (often called a guardian of the estate or conservator) before you have legal authority to manage the protected person’s money, property, or financial affairs.
South Carolina distinguishes between two different roles: a guardian of the person (who makes decisions about where the protected person lives, their medical care, and daily needs) and a guardian of the estate (who manages assets, pays bills, and handles financial transactions). The statutory framework governing guardianship of adults in South Carolina appears in the South Carolina Code, Title 62, Chapter 5 (Guardianship). For the full statutory chapter, see: S.C. Code, Title 62, Chapter 5 (Guardianship).
Why the court treats them separately
The court separates these roles because they require different skills, impose different duties, and create different risks. A person who is a good choice to make health and living decisions may not be the best person to handle complex finances, pay taxes, or manage investments. Separating the appointments protects the protected person’s best interests and allows the court to set different conditions and safeguards (for example, bonding, accounting requirements, and limits on financial authority).
How a separate appointment typically works
- Someone (often a family member, public guardian, or interested party) must file a petition asking the probate court to appoint a guardian of the estate. The petition requests that the court find the adult lacks capacity to manage finances.
- The court gives notice to the proposed protected person, interested relatives, and sometimes agencies. The court will hold a hearing and consider medical evidence about capacity.
- If the court appoints a guardian of the estate, the court issues letters or orders specifying the guardian’s powers, any bond requirement, and reporting obligations (inventory, periodic accountings, etc.).
- Only after the court issues an order or letters giving authority to act as guardian of the estate can that person legally sign contracts, access bank accounts, sell property, apply for benefits, or otherwise manage assets on behalf of the protected person.
Common conditions and safeguards the court may impose
- Bond: The court may require the guardian of the estate to post a bond to protect the estate against mismanagement.
- Inventory and accounting: The guardian usually must file an inventory of assets and periodic accountings with the probate court.
- Limited powers: The court may limit authority (for example, permit payment of routine bills but prohibit sale of real estate without court approval).
- Separate appointment: The court can appoint a different person to manage finances if that better serves the protected person.
Practical examples
Example 1 (separate appointments): A son is appointed guardian of the person for his elderly mother, so he can arrange medical care and supervise her living arrangements. The probate court appoints a local bank or another family member as guardian of the estate because the son lives out of state and lacks financial background. The son may not access her bank accounts until the guardian of the estate is appointed and acts.
Example 2 (single appointment): The court may appoint the same individual as both guardian of the person and guardian of the estate in a single proceeding if the court finds that person suitably qualified and it is in the protected person’s best interest. In that case, the court’s order should explicitly state both appointments and spell out any limitations and bond/accounting requirements.
Helpful Hints
- Do not assume authority: Do not move money, change titles, or sign contracts in the protected person’s name until the probate court issues letters or an order that clearly grants you authority over the estate.
- Ask the court for written letters: Always obtain written letters of guardianship (or conservatorship) and keep them with bank and agency records. Banks and government agencies usually require those letters before allowing access to accounts or benefits.
- Check bond and accounting rules: Read the court order carefully for bond and accounting requirements so you comply with filing deadlines and avoid personal liability.
- Consider a limited appointment: If you only need authority to pay bills or manage certain assets, ask the court for narrowly tailored powers rather than broad control.
- Keep detailed records: Keep receipts, bank statements, and a ledger of transactions. Courts review accountings and treating the protected person’s funds as separate from your own is essential.
- Watch for conflicts of interest: If you stand to benefit financially, the court scrutinizes your appointment more closely. Disclose relationships and potential conflicts in the petition.
- Get advice early: Consult a probate or elder-law attorney before filing petitions or acting as guardian—especially if the estate is large, complex, or contested.
Where to read the law
South Carolina’s statutory guardianship provisions are in the South Carolina Code under Title 62, Chapter 5. You can review the chapter here: https://www.scstatehouse.gov/code/t62c005.php. Your local probate court or county website also often lists court forms and local procedures.
Next steps
If you are currently serving as guardian of the person and need authority over finances, consider filing a petition with the probate court asking for appointment as guardian of the estate, or request that the court appoint a separate guardian of the estate. Contact the probate court clerk to learn the local forms, fees, and hearing schedule. If someone objects to a single appointment or to your handling of funds, consult an attorney promptly.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed South Carolina attorney experienced in guardianship and probate matters.