Compassionate Guardianship Attorney Guides You Through the Process

Guardianships and Conservatorships for Elderly Family Members

If your parent, spouse, or other close loved one has developed dementia or some other incapacity which would make it beneficial for someone other than that person to manage his or her affairs, Ms. Horton has extensive experience in entering the arena of the court system to get court authorization for another person to manage an adult’s affairs.

In South Carolina, the word “Conservatorship” refers to management of money and other property for the benefit of an incompetent minor or adult. Ms. Horton’s practice has focused on the establishment of Conservatorships for elderly or otherwise incapacitated adults for the entire time that her practice has been open, and much of the time that she practiced with other lawyers in Texas and in South Carolina.

In South Carolina, the word “Guardianship” most frequently refers to the court-appointed person who makes health care decisions for an incapacitated adult or a minor whose parents are deceased. Guardianships for minors are handled through the family court, outside the realm of Ms. Horton’s practice. However, getting court approval for a Guardian of an adult incapacitated person is well within Ms. Horton’s practice area.

These cases are emotionally difficult. It is emotionally challenging to admit that your parents or your spouse can no longer function. Ms. Horton can assure you that you are not alone and can assist with every aspect of the legal process to gain control of someone else’s affairs for their benefit.

South Carolina courts retain jurisdiction over court-appointed Guardians and Conservators, requiring at least annual reports. Ms. Horton can assist in maintaining a good relationship with the probate court should the client desire her assistance.

To get control of an incapacitated person’s business or health care, the action begins with a Petition alleging that the incapacitated adult is unable to manage their affairs or make reasonable health care decisions for themselves. In South Carolina, this action requires a court hearing, in which case it is highly recommended that an attorney represent the petitioner (the family member). South Carolina requires also that the potentially incapacitated person have their own attorney assigned. Ms. Horton has often served as court-appointed Counsel for allegedly incapacitated persons; as the attorney for family members seeking to serve as Conservator/Guardian (the “petitioner”); and has also represented family members who respond to the action by indicating their concerns in other directions (the “respondents”).

Contact a Greenville, South Carolina guardianship lawyer you can trust

Contact Theresa A. Horton, P.A. at 864-242-4221 to schedule your consultation.