What is the difference between guardianship and conservatorship?

The difference between guardianship and conservatorship in South Carolina is quite clear. Guardianship is a legal relationship where an adult is appointed by the court as a “guardian” of a minor or incapacitated adult. The appointed guardian typically has the legal authority, responsibility, and duty to care for the personal and/or financial well-being of the minor or incapacitated adult. On the other hand, conservatorship is a legal relationship whereby an adult is appointed to manage the financial affairs and/or estate of an incapacitated adult. The appointed conservator typically has the legal authority, responsibility, and duty to manage the financial affairs and/or estate of the incapacitated adult. In South Carolina, guardians are usually appointed to manage the personal and financial affairs of a minor or incapacitated adult. Conservators are usually appointed to manage the financial affairs and/or estate of an incapacitated adult. In some cases, guardians may also be appointed as the conservator of the incapacitated adult. However, the roles of guardian and conservator are distinct and should not be confused. Guardians are responsible for personal care and decision-making while conservators are responsible for financial decision-making and property management.

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