How is a conservatorship different than a guardianship?

A conservatorship and guardianship are two different types of legal arrangements in South Carolina, each designed to provide help for individuals who cannot manage their own affairs. A guardianship provides assistance to individuals who are unable to adequately care for themselves or their finances. In a guardianship, the guardian is given legal authority over the person for whom they are caring. This authority allows them to make decisions about the person’s residence, medical care, and other daily needs. In contrast, a conservatorship offers help for those who are able to care for their needs, but need assistance with their finances. A conservator is given legal authority for making decisions about the financial management and investments of the person in need. In many cases, both a guardianship and conservatorship may be necessary to provide the total care that is needed. A guardianship will provide for the personal needs of an individual, while a conservatorship will provide for their financial needs. In South Carolina, the individual in need of assistance must be 18 or older to qualify for a conservatorship or guardianship. The court will appoint a conservator or guardian who must submit reports on the condition of the individual under their care. The courts will consider the best interests of the individual in all cases, and there are safeguards in place that ensure the individual’s rights are respected even when under the care of another.

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